Sign Up Now
Get instant access to over 1 million+ study documents
OR
Already registered? click here to login
By creating your account, you agree to our terms of service, privacy policy and student honor code.
Admissibility of Evidence at Trial
If the goal for a trial is the search for justice, why should there be rules that limit a juror's ability to render a verdict only to that information gathered in compliance with the Constitution and approved by the judge? The only remedy to prevent evidence seized in violation of constitutional rights is to exclude that evidence from introduction at trial. So, it is not as much the intention of the applicable restrictions that jurors be deprived of evidence that is potentially relevant (Schmalleger, 2010). Rather, the intention is to remove the natural incentive of police and prosecutors to obtain evidence outside of the rules necessary to protect the accused. Even where evidence is seized constitutionally, judges still have an important role in determining whether introducing that evidence is likely to lead to a just outcome. In that regard, the standard used by judges is whether the "probative value" of the evidence is greater than its "prejudicial effect" (Zalman, 2008).
Part of the search for justice is making sure that the evidence admitted at trial satisfies the constitutional criteria distinguishing admissible evidence from inadmissible evidence. In large part, the rules of evidence in a criminal trial are expressly designed to protect the constitutional rights of persons suspected of criminal activity by the police. If there were no such rules, it would be difficult if not impossible to control the ways that police secured evidence on the street. In fact, prior to the modern era of American criminal justice, police routinely arrested suspects without probable cause, deprived them of counsel,
...
How reliable is the internet for factual reports about the people, places, and events that might influence a juror's decision to convict? Is Facebook or Twitter a valid source to form an opinion about the…
References
Schmalleger, F. (2010). Criminal Justice Today: An Introductory Text for the 21st
Century. New Jersey: Prentice Hall.
Zalman, M. (2008). Criminal Procedure: Constitution and Society. New Jersey: Prentice
Hall.
Even without any arrest, the officer could conceivably have conducted an external pat-down or Terry search of the subjects' outer garments to detect any weapons under the doctrine of officer safety (Schmalleger, 2008; Zalman, 2008). However, even a Terry search would not have permitted to officer to further investigate or search any soft lumps or other contents of pockets not indicative of possession of a plausible weapon (Dershowitz, 2002). Furthermore,
3) All of this evidence is admissible. Even if the police informant elicited the information in the jail cell when he was not uniformed so as to avail the defendant of the knowledge that he was talking to a cop, it is still admissible. This is the case even if the defendant requested council - the idea here is, confessions cannot be forced when a defendant believes he is under
conservative intellectual movement, but also the role of William Buckley and William Rusher in the blossoming of the youth conservative movement Talk about structure of paper, who not strictly chronologically placed (ie hayek before the rest) - in this order for thematic purposes, to enhance the genuiness of the paper (branches of the movement brought up in order of importance to youth conservative revolt) For instance, Hayek had perhaps the
The U.S., however, is the only industrial democracy, common law or otherwise, in which courts must throw out tainted evidence in criminal trials. The U.S. Supreme Court decisions establishing and expanding on this principle have collectively come to be known as the "exclusionary rule." Although the rule had its origins in arguments about the morality of obtaining a conviction while relying on improperly obtained evidence, its primary modern justification
" (1995) The authors state: "The amphetamines occasioned dose-related increases in d- amphetamine-appropriate responding, whereas hydromorphone did not. Amphetamines also occasioned dose-related increases in reports of the drug being most like "speed," whereas hydromorphone did not. However, both amphetamines and hydromorphone occasioned dose-related increases in reports of drug liking and in three scales of the ARCI. Thus, some self-report measures were well correlated with responding on the drug-appropriate lever and some
Post War Iraq: A Paradox in the Making: Legitimacy vs. legality The regulations pertaining to the application of force in International Law has transformed greatly from the culmination of the Second World War, and again in the new circumstances confronting the world in the aftermath of the end of the Cold War. Novel establishments have been formed, old ones have withered away and an equally enormous quantity of intellectual writing has