This topic contains a solution. Click here to go to the answer

Author Question: Fagan described the ________________ gang as being involved in few delinquent activities and little ... (Read 34 times)

james0929

  • Hero Member
  • *****
  • Posts: 586
Fagan described the ________________ gang as being involved in few delinquent activities and little drug use other than alcohol and marijuana.
 
  Fill in the blank(s) with correct word

Question 2

Compare and contrast the exclusionary rule and the fruit of the poisonous tree doctrine. Provide a history of both in your answer.
 
  What will be an ideal response?



Related Topics

Need homework help now?

Ask unlimited questions for free

Ask a Question
Marked as best answer by a Subject Expert

anyusername12131

  • Sr. Member
  • ****
  • Posts: 327
Answer to Question 1

social

Answer to Question 2

The exclusionary rule prohibits the prosecutor from using illegally obtained evidence during a trial. The exclusionary rule was first developed in Weeks v. United States (1914). Weeks, however, was limited to a prohibition on the use of evidence illegally obtained by federal law enforcement officers. Not until Wolf v. Colorado (1949), did the U.S. Supreme Court take the first step toward applying the exclusionary rule to the states by ruling that the Fourth Amendment was applicable to the states through the Due Process Clause of the Fourteenth Amendment. Wolf v. Colorado, however, left enforcement of Fourth Amendment rights to the discretion of the individual states. It wasn't until the landmark decision of Mapp v. Ohio (1961) that states were required to apply the exclusionary rule. With Mapp, the exclusionary rule became the principle method to deter Fourth Amendment violations by law enforcement officials. The exclusionary rule applies to physical evidence, interrogations. However, the rule applies differently depending on the type and severity of the underlying constitutional violation. As the U.S. Supreme Court stated in Dickerson v. United States (2000), unreasonable searches under the Fourth Amendment are different from unwarned interrogation under the Fifth Amendment.. Finally, it should be noted that the exclusionary rule also applies to the pretrial confrontations between witnesses and suspects that were either unreliable or that occurred in violation of the accused's Sixth Amendment right to counsel. The exclusionary rule is not limited to evidence that is the direct product of illegal police behavior. The rule also requires exclusion of evidence indirectly obtained as a result of a constitutional violation. The exclusionary rule operates to exclude derivative evidence because it is considered to be fruit of the poisonous tree. Under this doctrine's metaphors, the poisonous tree is evidence directly obtained as a result of a constitutional violation; the fruit is the derivative evidence obtained because of knowledge gained from the first illegal search, arrest, confrontation, or interrogation.




james0929

  • Member
  • Posts: 586
Reply 2 on: Aug 12, 2018
:D TYSM


hollysheppard095

  • Member
  • Posts: 339
Reply 3 on: Yesterday
Thanks for the timely response, appreciate it

 

Did you know?

The term pharmacology is derived from the Greek words pharmakon("claim, medicine, poison, or remedy") and logos ("study").

Did you know?

Children with strabismus (crossed eyes) can be treated. They are not able to outgrow this condition on their own, but with help, it can be more easily corrected at a younger age. It is important for infants to have eye examinations as early as possible in their development and then another at age 2 years.

Did you know?

To maintain good kidney function, you should drink at least 3 quarts of water daily. Water dilutes urine and helps prevent concentrations of salts and minerals that can lead to kidney stone formation. Chronic dehydration is a major contributor to the development of kidney stones.

Did you know?

More than nineteen million Americans carry the factor V gene that causes blood clots, pulmonary embolism, and heart disease.

Did you know?

By definition, when a medication is administered intravenously, its bioavailability is 100%.

For a complete list of videos, visit our video library