Exclusionary Rule Use by Mark Chambers
Synopsis
Exclusionary Rule Use explores the complex world of the exclusionary rule, a critical aspect of the criminal justice system. This rule dictates when evidence obtained unlawfully can be suppressed in court. The book delves into how the Fourth, Fifth, and Sixth Amendments intersect with search and seizure, interrogation tactics, and identification procedures.
The text reveals how illegally seized evidence or confessions obtained without Miranda warnings can undermine a prosecutor's case.
The book traces the rule's origins from common law to landmark Supreme Court cases like Weeks v. United States and Mapp v. Ohio, illustrating how judicial attitudes have evolved regarding individual rights versus law enforcement needs. It argues that the exclusionary rule, while intended to protect individual liberties and deter police misconduct, creates a balancing act within the legal system.
The book systematically examines the rule's definition, its application across various legal contexts, exceptions like "inevitable discovery" and "good faith," and its impact on case outcomes, offering a balanced analysis of its strengths and weaknesses.
This approach allows readers to develop informed opinions about this controversial yet vital component of constitutional law.
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