Rules of evidence

1) Competent evidence is described by Ingram as the quality of evidence that is offered which makes it proper to be received (p. 29). Two examples of competent evidence: murder weapon with fingerprints of the suspect on them, and secondly a sworn written statement confessing to a crime. Incompetent evidence is evidence that was obtained illegally or is considered to be incompetent by some court established statute. Two examples of incompetent evidence: murder weapon found in a car as a result of

Exclusionary Rule Criminal Law Kenneth Shelton 3/20/2016 “We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.” – Schoolhouse Rock (Preamble). Many people have heard this song and know it by heart from watching

Constitution: The Exclusionary Rule Austin Cole Renslow Mountain View High School   Abstract The exclusionary rule protects evidence that was found through unconstitutional methods from being used. The Fourth Amendment is a part of the Bill of Rights and it was a focal point to protect their citizens due to the British abusing their powers and trespassing during the 1700s. It is currently a heated topic of discussion in society due to the San Bernardino shooting. The exclusionary rule is involved in that

The acquisition of evidence for a trial is an important step both parties take. However, some methods used to obtain such evidence can be debatable. In order to protect both sides from exploitation, a set of rules are set in place. This rule is called the Exclusionary Rule. To begin with, The Exclusionary Rule states that evidence illegally obtained will not be used in the trial. This rule has been in place in some form or another. It was not until Mapp v. Ohio that all states were required to abide

knowledge and taken for granted by the vast majority of the population. However it was not always that way. American legislation is constantly growing and developing. New rules and practices are being developed and established. The exclusionary rule is considered to be the most vital to the protection of civil rights. The exclusionary rule is represented by the Fourth Amendment of the Constitution and it guarantees that illegally

anti-American for any law enforcement agent to search and seize evidence unlawfully or for any court to charge the defendant with a guilty verdict established on illegally attained evidence. One can only imagine how many people would have been sitting in our jails and prisons were it not for the introduction of the exclusionary rule. The Exclusionary Rule is a law passed by the United States Supreme Court. It demands that “any evidence obtained by police using methods that violate a person’s constitutional

introduced the exclusionary rule as a remedy for violations of the Fourth Amendment.3 The Weeks Court felt that the only effective way to enforce the Fourth Amendment right to be secure from unreasonable searches and seizures was to adopt a rule that evidence seized in violation of the Fourth Amendment could not be used by the government against a defendant at trial. The Weeks Court further stated that a court should not sanction illegal government conduct by admitting into evidence the fruits of

Polygraph Use i Should Polygraphs be used in Court Rooms as Admissible Evidence? Ebony Barr Psychology and the Legal System FP 6010 Professor Neely December , 2010 Polygraph Use ii Abstract Polygraph is widely rejected as pseudoscience by the scientific community. Prior to 1998 state and county courts allowed or could allow polygraph evidence to be admissible evidence to convict or prove guilt. Polygraphs should not be used in Court Rooms, the accuracy of the

To determine whether or not the admission of evidence is constitutionally permissible can be a very tough decision. There are many laws and regulations that must be adhered to in order for evidence to be admissible to ensure that a defendant’s right are not violated. One of the most important rules that help protect against illegal evidence being admitted into evidence is the Exclusionary rule. This rule helps to ensure that evidence which is admissible into criminal prosecutions are not only relevant

A court first applied the Fourth Amendment exclusionary rule in 1914, in Weeks v. United States. In that case, the court determined that because federal officials had violated the Fourth Amendment in their search of the defendant’s domicile and their seizure of his document, the document should have been returned to the defendant and not held for introduction at his criminal trial. The Court deemed the use of the unlawfully seized evidence at trial to be a disadvantageous error, and it reversed a