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The Burger Court held that the prosecution simply needed to establish by a preponderance of the evidence that the evidence illegally obtained would have been lawfully and inevitably discovered. The Burger Court did not think that a police officer would act illegally on the 'off' chance that the evidence might be admissible under the inevitable discovery doctrine, and could not reasonably calculate if the evidence would inevitably be discovered (Hendrie 1997:2).
The Nix v. Williams finding is an important counterweight to the restrictions the exclusionary rule imposes upon law enforcement officials. In contrast to the Warren Court, the Burger Court accepted that, although protecting constitutional rights is important, the exclusionary rule is often a "drastic and socially costly remedy" because it often results in obviously guilty people going free, meaning that the cost of releasing Williams back into the world would have been high, while the gain to society of protecting defendant's rights would have been small (Hendrie...
Merely because Officer Leaming misspoke does not mean that the body, which would have been discovered by the search party, should have been inadmissible, "putting the state in a worse position than it would have occupied if there had been no illegal police conduct" (Hendrie 1997:3).
Works Cited
Cooke, Michael. (2002). "Review of Nix vs. Williams." Retrieved 26 Jan 2008 at http://wawa.essortment.com/nixwilliamssup_rnjx.htm
Hendrie, Edward. (1997, Sept.). "The inevitable discovery exception to the exclusionary rule." FBI Law Bulletin. Retrieved 26 Jan 2008 at http://findarticles.com/p/articles/mi_m2194/is_9_66/ai_54061501/pg_1
McInnis, Thomas. (2000). The Christian Burial Case. Prager Paperback.
Nix v. Williams." (1984). Great American Court Cases. Vol. 9. Retrieved 26 Jan 2008 at http://law.jrank.org/pages/13046/Nix-v-Williams.html
Works Cited
Cooke, Michael. (2002). "Review of Nix vs. Williams." Retrieved 26 Jan 2008 at http://wawa.essortment.com/nixwilliamssup_rnjx.htm
Hendrie, Edward. (1997, Sept.). "The inevitable discovery exception to the exclusionary rule." FBI Law Bulletin. Retrieved 26 Jan 2008 at http://findarticles.com/p/articles/mi_m2194/is_9_66/ai_54061501/pg_1
McInnis, Thomas. (2000). The Christian Burial Case. Prager Paperback.
Nix v. Williams." (1984). Great American Court Cases. Vol. 9. Retrieved 26 Jan 2008 at http://law.jrank.org/pages/13046/Nix-v-Williams.html
The main advantage of the convention is that they provide an opportunity for candidates to define themselves in a positive way and for the party to heal itself after a decisive nomination battle. 2. The electoral college is the means by which presidents are actually elected. To win a state's electoral votes, a candidate must have a plurality of votes in that state. Except in two states, the winner takes all. 3.
" It is thus unclear how Cohen exactly deems when these silences or transformations occur. This ambiguous approach to identifying when transformation begins does not negate Cohen's argument regarding the fragmentation in the black community. After all, in her content analysis of media reports, Cohen has shown ample proof of the "silence" regarding the AIDS crisis. However, a discussion of when transformations in leaderships occur will be helpful if future scholars
(Byrd and Byrd, 1993) The process of healing can be found, for example, in Luke 13:10-17, which refers to a woman who has been crippled for eighteen years. The healing takes place by the laying of hands on the women by Christ. In John 5:1-18 we have the story of a seriously ill man placed at pool waiting for healing. This episode stresses the importance of listening to Christ's instruction and
The independent variable will be the positive reinforcement as represented by the incentive program. The study will be examined by examining increases or decreases on the overall attendance rate of students before application of an incentive program and then after the incentive program has been in effect for at least 1/2 of the school year. It is expected increases or decreases in the truancy rates will be due to
Columbus reveled in making distinctions between his own culture and 'the other,' in a way that prioritized his own culture, even though ironically he went in search of a non-Western civilization's Indian bounty of spices. Columbus' eradication of another civilization is the most extreme form of Western civilization's prioritization of distinction, in contrast to Buddhism's stress upon the collapse of such distinction. The most obvious negative legacy of Columbus, for
Pender's is a theory of preventive medicine, for the healthy rather than the chronically ill. However, in an age where lifestyle-related disease are on the rise, it can provide an important function, particularly for nurses facing an epidemic of pre-diabetic and diabetic adolescents reared on poor diets and little physical activity. Some might protest that the genetic component to even Type II Diabetes, or obesity in general, might be