Legal Systems, The American Legal System Essay

1678 WordsSep 16, 20167 Pages
Like most legal systems, the American legal system, has its ups and downs. However, in criminal law, the accused have to be proven guilty beyond a reasonable doubt. As a result, this places a very strong burden of proof on the prosecutor. Furthermore, this allows it to become extremely difficult to convict an innocent bystander. Let’s say the judge decides to exclude evidence in the case. Let’s say you were charged with a crime, in this case murder. A motion to suppress evidence can be made by the defendant if they believe the evidence that was obtained was in violation of their fourth amendment. This amendment protects you from unreasonable searches and seizures. If this is granted by the judge, then the case is useless because without evidence, the case cannot proceed. However, seeing there are various exceptions to the rule, this does not guarantee the evidence that was illegally acquired will be suppressed by the judge. The judge will only deny the motion if the police officer acted in good faith when they violated the client’s rights. In addition, the evidence must be competent and relevant, meaning it should be connected to the charges and collected within regulations of the law. In the notorious case of Miranda vs Arizona, the defendant confessed to incriminating evidence during various interrogation techniques without being notified of his Fifth Amendment rights prior to the interrogation. According to Reville 2009, shortly after confessing his crime, he requested
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