Author Question: Other than exclusion of evidence, what are some of the other consequences of police conduct that ... (Read 28 times)

sheilaspns

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Other than exclusion of evidence, what are some of the other consequences of police conduct that violates the Fourth Amendment? Provide examples. Are these other consequences enough to warrant the abandonment of the exclusionary rule? Explain your answer.
 
  What will be an ideal response?

Question 2

Is the Fourth Amendment exclusionary rule weaker or stronger today compared to the periods of the Weeks and Mapp decisions? Why has this occurred? Do you think this is a good or bad trend? Explain your position and provide examples.
 
  What will be an ideal response?



miss_1456@hotmail.com

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Answer to Question 1

Other consequences of police conduct that violates the Fourth Amendment are
seeking departmental discipline of officers that violate constitutional rights and suing
the officer and police department for violating those rights. These other
consequences are not enough to warrant the abandonment of the exclusionary rule.
They are more cumbersome, and involve actions in addition to the criminal
prosecution. Because such actions are civil in nature, they are more likely to drag
out longer than the criminal prosecution.

Answer to Question 2

The Fourth Amendment exclusionary rule is weaker today compared to the period of
the Mapp decision, but stronger than the period of the Weeks decision. Weeks dealt
only with federal prosecutions. Today's rule applies to all prosecutions. Mapp was
a clear statement of the rule that placed the burden on police. Since Mapp
exceptions have been announced that bring some real application to play in applying
the rule. For example, the good faith exception makes evidence admissible, even
though the rules were violated, as long as the law enforcement officers were acting
in a good faith effort to uphold constitutional rights. I think this is a good trend.



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