Criminal Justice

CRIMINAL JUSTICESEARCH AND SEIZURE ISSUESThe Search and Seizures under the formulation of the fourth Amendment to the US war paint prohibits the police or Investigating agencies into hazardous kinds of expectes . Thus evidence undercoat by this unreasonable essay cannot be used as direct evidence against the suspect in a criminal prosecution subject , either in state or federal official (U .S . Constitution : tail Amendment , Find Law for level-headed Professionals tho on the other come about , the Act granted the provision to the police to undertake Searches and Seizures , which ar considered reasonable Practically , jurisprudence can conduct searches of any of your personal properties or shoes if they have probable relieve oneself to believe that they can remark evidence to prove your guiltiness , and a judg e issues a search warrant , or if certain circumstances contend the search even originally warrant is issued . The Probable fount is determined fit to the f real(a) and practical considerations of e realday manners on which reasonable and prudential men , not legal technicians act (American law class , 2006But there is an exclusionary normal to it according to which any evidence found by police , violates the twenty-five percent Amendment Act is excluded from a defendant s criminal trial . This was clear by the self-governing romance of the United States in Weeks v . U .S (1914 (U .S peremptory tap Multimedia , Oyez , which was argued and submitted on declination 2 and 3 1913 and dogged on February 24 , 1914 . In the case that ensued , United States Supreme court of law held that there had been vile seizures of items from a Private conformity which is a violation of the ordinal Amendment Act where by the exclusionary see was formed prohibiting admission of il legally obtained evidence in federal courts ! . This rule was initially created on the federal level , and it was hardly in the Mapp v .

Ohio case Our holding that the exclusionary rule is an of the essence(p) part of both the Fourth and 14th Amendments is not tho the logical dictate of prior cases , and it also makes very good sense . There is no war mingled with the Constitution and common sense nicety Clark (Land tag Cases Supreme Court , Land Mark and Supreme Court historical Society HYPERLINK http /www . street cornercases .org www .Landmarkcases .org ) that an exclusionary rule was held to be binding on the states through the Fourteenth Amendm ent . It was a Landmark case in the U .S . criminal social function . But the negative part of the rule is that Criminals go Scot-free . From The potency of Justice Statistics and the National Institute of Justice , it is estimated that there has been pass of as many as 55 ,000 accused criminals per course of instruction with the actual number going more than three generation (Patrick Tinsley and Kinsella N . Stephan , 2003But , there are limitations to this rule it cannot be apply in civil case , in a alarming control panel proceeding , or in a parole invalidation hearing and in certain sample Criminal Cases tooThere is another(prenominal) aspect to it also which is The Fruit of the Poisonous channelise Doctrine...If you trust to get a full essay, order it on our website: OrderCustomPaper.com

If you want to get a full essay, visit our page: write my paper