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Essay / Research Paper Abstract
This 6 page paper discusses the concept the Exclusionary Rule, a basic aspect of legal practice. Bibliography lists 5 sources.
Page Count:
6 pages (~225 words per page)
File: D0_HVBasCri.rtf
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Unformatted sample text from the term paper:
book, the Exclusionary Rule, and discusses it in detail. Discussion Peoples book is written for anyone interested in criminal procedures, not just legal students or law enforcement officials. Reviews of
the book say that it is written "in a direct and basic style that requires no prior knowledge of how or why the justice system operates" (Production description: Basic criminal
procedures). The book covers such integral parts of the justice system as the Miranda procedure and the Exclusionary Rule, and it goes through them systematically, "beginning from the point of
an individuals first contact with police, through the law enforcement process, the courts, the correctional system, and back into the community on probation or parole" (Product description: Basic criminal procedures).
It defines terms and uses excerpts from court cases throughout (Product description: Basic criminal procedures). Peoples covers the Exclusionary Rule through a close examination of some of the cases associated
with it. He first considers the Exclusionary rule itself, then the cases "leading to the Exclusionary Rule"; specifically Weeks v. U.S., Wolf v. Colorado and Mapp v. Ohio (Peoples, 2006).
He then discusses exceptions to the rule, and the "inevitable discovery exception" presented by Nix v. Williams; the "public safety exception" found in New York v. Quarles, and the
"good faith exception" of U.S. v. Leon (Peoples, 2006). Using this as a starting point, this paper considers the Exclusionary Rule, the case of Mapp v. Ohio (which is a
very famous case), and the "inevitable discovery exception" of Nix v. Williams. The Exclusionary Rule, simply put, excludes certain evidence from criminal proceedings if it was not properly obtained. The
rule "permits a criminal defendant to prevent the prosecution from introducing at trial otherwise admissible evidence that was obtained in violation of the Constitution" (Dripps, 2007). The term "exclusionary rule"
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