01:202:205 Study Guide - Exclusionary Rule, Fourteenth Amendment To The United States Constitution
30 Oct 2014
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Chapter 10 remedies for constitutional violations i: the exclusionary rule and entrapment. 4th amendment ban on unreasonable search and seizures, 5th amendment right against self incrimination, 6th amendment right to counsel, and 5th and 14th. Amendment rights to due process of the law: throughout history, there"s no mention of the exclusionary rule in the constitution; but. James madison believed it was implied in judicial power: in 1914, weeks v. us led the ussc in creating the exclusionary rule. It applied to only federal courts and covered only private papers and belongings. Justifications to the exclusionary rule: constitutional right, judicial integrity anything without the exclusion approving it, deterrence, scope: The 4th, 5th, 6th, and 14th amendment rights wouldn"t mean. Illegally obtained evidence is admissible in all nontribal settings. The prosecution can use illegally obtained evidence to. Cross undermine defense witnesses" credibility after illegal conduct; it consists of the remaining 3 exceptions: attenuation. The government shouldn"t be in a worse position.
