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Crime and Due Process. There is always a question as to how we should deal with “improper evidence” in the courtroom; different nations approach the question.

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Presentation on theme: "Crime and Due Process. There is always a question as to how we should deal with “improper evidence” in the courtroom; different nations approach the question."— Presentation transcript:

1 Crime and Due Process

2 There is always a question as to how we should deal with “improper evidence” in the courtroom; different nations approach the question in different ways - Most nations let all evidence into trial, later punishing any police misconduct -United States excludes improperly obtained evidence from trial

3 The Exclusionary Rule Definition: Evidence gathered in violation of the Constitution cannot be used in trial -Implements the Fourth Amendment (freedom from unreasonable searches and seizures) and the Fifth Amendment (protection against self incrimination) Mapp v. Ohio (1961)  Supreme Court began to use the exclusionary rule to enforce a variety of constitutional guarantees

4 Search and Seizure Fourth Amendment - protects against unreasonable search and seizure Reasonable Searches: ▫Made with a WARRANT  Order from a judge authorizing the search including specific times and location  In AFFIDAVIT, police officer must convince just of PROBABLE CAUSE

5 Search and Seizure What can the police search, incident to a lawful arrest? -The individual being arrested -Things in plain view -Things or places under the immediate control of the individual What about an arrest of someone in a car? -Answer changes almost yearly -Recent cases have allowed the police to do more searching  Court attempts to protect a “reasonable expectation of privacy”

6 Search and Seizure Warrant Exceptions ▫Incident to an arrest ▫Consent ▫Plain View ▫Emergency Situations ▫Border /Airport Searches ▫Hot Pursuit ▫Stop and Frisk ▫Vehicle Searches

7 Confessions and Self-Incrimination Fifth Amendment – protects against self- incrimination (“Plead the Fifth”) Ban initially meant to prevent torture or coercion; has since expanded to protect people who are unaware of their rights ▫Miranda v. Arizona  (Miranda Rights also cover the Sixth Amendment’s protection of right to counsel)

8 Due Process Due process is always a balancing act between the rights of the accused and the rights of society Warren Court of the 1960s greatly expanded the rights of the accused, to much criticism

9 Right to Privacy Not specifically mentioned in the Constitution, but assumed through the Fourth and Ninth Amendments ▫Abortion? ▫Right to die?


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