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Essay / Research Paper Abstract
A 10 page overview of the propensity for unethical activity which exists in evidence gathering. This paper sums up the Supreme Court's views on using unethical means to obtain an end. Particular emphasis is placed on Hoffa v. United States. Bibliography lists 5 sources.
Page Count:
10 pages (~225 words per page)
File: AM2_PPevidnc.rtf
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Unformatted sample text from the term paper:
Introduction The Supreme Court has established various legal and ethical
limits on the manner in which evidence can be gathered by law enforcement officers. Despite those limits, however, some latitude remains in terms of to what degree the government
can conduct itself in a manner that "undermines the integrity of the truth-finding process?" (Hoffa v. United States). It seems, in fact, that this latitude has expanded in many
ways rather than been restricted. The intent of this paper is to review the Supreme Court decisions that apply to evidence gathering and to use those decisions to argue
that more distinct limits should be placed on government behavior. In particular, those actions that could be considered unethical should be banned from the governments repertoire. This position
is perhaps best stated by Oliver Wendell Holmes in his dissent in Olmstead v. US. Holmes declared that if decency, security and liberty are to be preserved in our
country then government officials must be required to behave in accordance wit the same rules of conduct that is required of the common citizen. Homes warned of certain demise
if this was not the case and observed the value of our government as a teacher, a teacher who:
"for good or for ill, it teaches the whole people by its example. Crime is contagious. If the Government becomes a lawbreaker, it breeds contempt for
law; it invites every man to become a law unto himself; it invites anarchy".
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