Criminal Law

Criminal Law

Date of assignment: 3/19/2011
Section # 44076, Hybrid
Dr. Oliver Thompson
Gerardo Moreno
Student ID #GM2236630
Phone #909 684 2510
The Exclusionary Rule and Due Process
Criminal Procedure
Exclusionary Rule and Due process what do they mean and how do they affect every day defendants? How are our constitutional rights factor into The Exclusionary Rule and Due Process? As you follow along I will define and explain The Exclusionary Rule and Due Process in a given scenario on how the Due Process plays out. The Exclusionary Rule and Due Process all tie in to the scenario that will be given.
The U.S Constitution is the people protection unlawful acts from the government. Even with the U.S constitution on the peoples side history has shown us government doesn’t always follow the amendments in every day law practice. Due Process definition taken from the text “legal Aspect of Evidence”; the idea that laws and legal proceedings must be fair the Constitution guarantees that the government cannot take away a person's basic rights to 'life, liberty or property, without due process of law. Due Process ranges from how a peace officer conducts their every day job duties such as consensual encounters, detention, arrest, to every day court procedures such as pre trail motions, verdict, sentencing, and being released from custody. For example a peace officer placing you under arrest, the officer must have reasonable suspension that you have committed a crime from a consensual encounter to detain you. In addition the peace officer must have a “beyond a reasonable doubt” to place you under arrest for a crime you might have or have not committed. Such as in the case of Terry v Ohio in 1968, the peace officer that observed Terry believed that Terry was going to commit a “stick-up” through his observation. This gave the peace officer reasonable suspension to “stop and frisk” Terry which then lead to the finding of the concealed weapon. Since the officer did...