Exclusionary Rule Policy Within this document an in-depth evaluation of the Exclusionary Rule will be presented. This includes the exclusionary rule’s underlying principles, purpose, four basic exceptions to the exclusionary rule, such as independent source, inevitable discovery, attenuation, and the good faith exception. In addition, major benefits and disadvantages will be discussed including alternative solutions, ...
The Fourth Amendment of the United States Constitution requires that no search or seizure shall be carried out unless a warrant has been issued. While that is a wonderful right to give to citizens, in reality, it is not always possible. Over the years the Supreme Court of the United States has come to that ...
The crime control model explains that a criminal’s conduct is the most important part of the criminal justice system. The model further explains that if law enforcement does not keep control of misconduct than society as a whole will suffer. Individuals are born with rights and freedoms and if there is not a stand against ...
Since the beginning of the nineteenth century, our justice system has vacillated between two distinct models. While both models seek to reduce crime, they differ in their approach. These two crime models were introduced by Herbert L. Packer. He described the two justice models as the “due process model” and the “crime control model. These ...
On June 10, 1993 the petitioners Michael A. Whren and James L. Brown were seen stopped at an intersection in a known “high drug area” for a suspicious amount of time. Police officers patrolling the area observed the truck at the intersection as well as the subsequent traffic violation that occurred minutes later when Michael ...
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall be issued, but upon probable cause, supported by Oath or affirmation and particularly describing the place to be searched, and the person or things to be seized.” ...
