Podcast
Questions and Answers
What is the exclusionary rule?
What is the exclusionary rule?
The exclusionary rule is a judge-made doctrine that prohibits the introduction, at a criminal trial, of evidence obtained in violation of a defendant's Fourth, Fifth, or Sixth Amendment rights.
What is the purpose of the exclusionary rule?
What is the purpose of the exclusionary rule?
The main purpose of the exclusionary rule is to deter the government from violating a person's constitutional rights.
What is the doctrine of fruit of the poisonous tree?
What is the doctrine of fruit of the poisonous tree?
The doctrine states that not only must illegally obtained evidence be excluded, but also all evidence obtained or derived from exploitation of that evidence.
How does the fruit of the poisonous tree doctrine apply to Miranda violations?
How does the fruit of the poisonous tree doctrine apply to Miranda violations?
Signup and view all the answers
What test should a court apply when deciding whether to apply the exclusionary rule?
What test should a court apply when deciding whether to apply the exclusionary rule?
Signup and view all the answers
What are the exceptions to the exclusionary rule? (Select all that apply)
What are the exceptions to the exclusionary rule? (Select all that apply)
Signup and view all the answers
What factors should a court consider when determining whether to exclude live witness testimony?
What factors should a court consider when determining whether to exclude live witness testimony?
Signup and view all the answers
Under what circumstances will an out-of-court identification be excluded?
Under what circumstances will an out-of-court identification be excluded?
Signup and view all the answers
Study Notes
Exclusionary Rule Overview
- The exclusionary rule prohibits evidence obtained in violation of the Fourth, Fifth, or Sixth Amendments from being used in criminal trials.
- It aims to deter government officials, mainly police, from infringing on constitutional rights.
Purpose of the Exclusionary Rule
- Deters governmental violations of constitutional rights by making illegally obtained evidence inadmissible.
- Serves as one of several remedies for unconstitutional deprivation, complemented by civil suits and injunctions.
Fruit of the Poisonous Tree Doctrine
- Extends the exclusionary rule to evidence derived from illegally obtained evidence.
- Such derived evidence is considered "tainted" and must also be excluded.
Miranda Violations and Their Implications
- Fruits of statements obtained in violation of Miranda rights may still be admissible.
- This suggests a separation in the application of the exclusionary rule concerning various types of violations.
Court Considerations for Exclusion
- Courts must balance the exclusionary rule's deterrent purpose against its cost of excluding potentially relevant evidence.
- Exclusion is not automatic; it depends on police culpability and the exclusion's potential to deter misconduct.
Exceptions to the Exclusionary Rule
- Independent Source: Evidence admissible if obtained from an independent source, not linked to the illegality.
- Intervening Act of Free Will: Defendant's voluntary act breaks the causal chain to the original misconduct.
- Inevitable Discovery: Evidence discoverable without unconstitutional actions is admissible.
- Live Witness Testimony: Harder to exclude; requires a stronger link to illegal conduct for exclusion.
- In-Court Identification: Witnesses cannot exclude their identification due to prior unlawful detention.
- Out-of-Court Identifications: Exclusion hinges on whether police arranged suggestive circumstances.
Factors for Exclusion of Live Witness Testimony
- Courts evaluate the voluntary nature of the witness's testimony.
- Consideration of the effect of excluding the testimony on deterring future police misconduct.
Out-of-Court Identification Standards
- Unduly suggestive procedures leading to misidentification may violate the Due Process Clause.
- Evaluation of suggestiveness is done case-by-case based on the totality of circumstances.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
Description
Test your knowledge on the exclusionary rule in criminal law with this engaging quiz. Explore its definitions, purpose, and implications within the legal system. Perfect for law students and anyone interested in understanding this vital aspect of criminal justice.
