PHILOS 22 Study Guide - Final Guide: Fourth Amendment To The United States Constitution, Exclusionary Rule, John Stuart Mill
PHILOS 22 FINAL
Know:
-ways in which the legal system allows results that go against justice
-Weeks case: information gathered illegally - throw out
-supplying zealous advocate even to guilty people
-arguments for why lawyers may justify doing ābadā things as a lawyer
-advocate falsities
-disgrace witness
-hide what they know to be true
-Freedman: Institutional Arguments - 2 premises
1) Normative premise (value)
-x should be upheld
2) Empirical premise (factual) - compounded
-we must y if weāre going to uphold x
a) y requires
1) Truth must be upheld
2) We must put on an honest case in order to uphold truth
a) Putting on an honest case requires both sides to be heard
C) Therefore, practice z is justiļ¬ed
-premise is an assumption that the argument depends on
-assume the reader agrees with premises
-conclusion is what the argument is arguing for
-pick premises that arenāt controversial
-counterargument: argues for alternate conclusion
-critique: challenges one of the premises
-value premise: x is good / should be done
-factual premise: how things actually work
-How to make / identify Institutional Arguments
-know lawyering justiļ¬cations
Weeks v. U.S.
-operating illegal lottery, authorities did not have warrant to search house
-Weeks ļ¬led for motion to exclude evidence
-4th amendment: right of the people to be secure in their private houses / possession shall
not be abridged
-evidence may be taken illegally, but once we have good evidence we donāt inquire where it
came from
-4th amendment ļ¬rst time used to exclude evidence, āexclusionary ruleā
-judges almost never grant motion to suppress evidence
1) Privacy / Security must be upheld
Document Summary
Hide what they know to be true: normative premise (value) X should be upheld: empirical premise (factual) - compounded. We must y if we"re going to uphold x: y requires. Ways in which the legal system allows results that go against justice. Weeks case: information gathered illegally - throw out. Arguments for why lawyers may justify doing bad things as a lawyer. Premise is an assumption that the argument depends on. Conclusion is what the argument is arguing for. Value premise: x is good / should be done. Operating illegal lottery, authorities did not have warrant to search house. 4th amendment: right of the people to be secure in their private houses / possession shall not be abridged. Know lawyering justi cations: truth must be upheld, we must put on an honest case in order to uphold truth, therefore, practice z is justi ed, putting on an honest case requires both sides to be heard.
