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Criminal Justice

Terms in this set (97)

What are some remedies sought in separate proceedings
Criminal prosecution of officers, Civil lawsuits to sue officers, departments, and/or municipalities, and Administrative review of police misconduct
What are some justifications for the exclusionary rule?
1) Constitutional rights- the 4th, 5th, 6th, and 14th amendment rights wouldn't mean anything without the exclusion
2) Judicial integrity- the courts shouldn't participate in unconstitutional behavior by approving it.
3) Deterrence-Prevent unconstitutional conduct by government officers
Is the exclusionary rule a constitutional right?
No, but it is a proactive procedure (prophylactic rule)
What are some of the exceptions to the exclusionary rule because it is not believed that they deter police misconduct?
1) collateral use
2) cross-examination
3)attenuation of the taint of unconstitutional conduct
4) independent source
5) inevitable discovery
Collateral Use
Illegally obtained evidence is admissible in all non-trial settings (bail hearings, preliminary hearings, grand jury proceedings, habeas corpus proceedings)
Cross Examination
The prosecution can use illegally obtained evidence to undermine (impeach) defense witnesses' (including the defendant's) credibility.
Attenuation
Tainted evidence is admissible if the totality of circumstances in the case proves that the poisonous connection between police illegality and the evidence has weakened enough
Independent source
Tainted evidence is admissible if, after violating the Constitution, officers get the same evidence in totally separate lawful action
Inevitable Discovery
Tainted evidence is admissible if police law breaking produced the evidence but the evidence would have be discovered eventually anyway
Can persons be seized illegally be convicted in court?
Persons seized illegally aren't fruit of the poisonous tree, so they can be produced, tried, and convicted in court. Courts don't ask how individual got to court.
Reasonable, good faith exception
Allows the government to use evidence obtained from searches based on lawful search warrants if officers honestly and reasonably believed they were lawful, created by U.S. v Leon.
Arizona v Evans
weed found was admissible because police was acting in good faith and didn't know the arrant wasn't suspended
Herring v U.S.
The illegally seized evidence was admissible because the officer acted in good faith and believed that the warrant was still outstanding
Who does the exclusionary rule apply to?
The rule applies to police because they are deterred by exclusion, but the rule doesn't apply to judges and other court personnel because there's no evidence that exclusion would deter their misconduct.
What is the social cost of deterrence?
It keeps good evidence from juries that may set some criminals free.
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