Author Question: What is the exclusionary rule and what are the three exceptions to the ... (Read 103 times)

nevelica · **on:** Jun 24, 2018

What is the exclusionary rule and what are the three exceptions to the rule?

Question 2

Explain the difference between civil law and criminal law.

karlss · **Reply #1 on:** Jun 24, 2018

Answer to Question 1

The exclusionary rule states that any evidence the government acquires illegally (or any information obtained as a result of this illegal behavior) may not be used at trial. There are three exceptions to the exclusionary rule:
Inevitable Discovery: A court will admit any evidence that would have been discovered even without the illegal behavior on the part of the police.
Independent Source: If the police find the tainted evidence from a different source, then they can use it.
Good Faith Exception: If the police use a search warrant believing it to be proper, but it later proves to have been defective, the search is legal so long as the police reasonably believed the warrant was valid.

Answer to Question 2

Civil law involves the rights and liabilities that exist between private parties. Criminal law is different.Conduct is criminal when society outlaws it and only the government can prosecute a criminal case. Another difference between civil law and criminal law lies in the burden of proof. In a civil case, the plaintiff must prove her case only by a preponderance of the evidence. But because the penalties for conviction in a criminal case are so serious, the government must prove its case beyond a reasonable doubt.