Advantages And Disadvantages Of Exclusionary Rule

what is exclusionary rule

what are the pros and cons of the Exclusionary rule

The exclusionary rule originated from the Supreme Court’s 1914 decision during the trial of Week versus U.S. This was applied for the first time on Mapp versus Ohio case that happened during 1961.

What is exclusionary rule?

This rules states that illegally collected evidences or proofs should not be presented in the court. This rule actually stems from the 4th amendment which protects people against illegal searches. This rule makes sure to prevent prosecuting acts that has been approved as a result of unethically collected evidence. The court also dismisses other evidences brought forward as a result of the primary illegal evidence. Removing the exclusionary rule would therefore not only subject people to unauthorized searches but also prevent investigation agencies from acquiring critical evidences.

constitutionality

what is constitutionality

In defense

The constitutional rights from the Fourth Amendment make it clear that individuals are not allowed to engage in illegal searches and seizures. The exclusionary rule is the only tool with the judiciary to cross check if any illegal evidences were created by the police after a crime incident. This rule can be used as a tool to prevent some being imprisoned as a result of the illegal evidence made.

Searching for the truth

The existence of illegal search cannot be denied. There have been numerous cases reported where the accused or criminal people used the method of illegal evidence to get free as a result of lack of proof during the trial session. Justice Scalia of the Supreme Court stated that the exclusionary rule creates an expensive toll against law enforcement that also leads to substantial social costs.

Constitutionality

You might be interested to know that the judiciary did not explicitly or implicitly declare the exclusionary rule. This has leaded to a mass confusion among normal people and some had even questioned the constitutionality about the exclusionary rule. Some conservative politicians are even trying to remove the exclusionary rule out of the courts as it came as a result of a liberal court.

Cost Analysis

Exclusionary rule can also lead to increased cost as a result of plea bargains created due to the delay in trial. This will make the prosecutors to collect large amount of evidence in case if something is missing.

I hope reading this article has put an end to your long term query “what is exclusionary rule.” Thank you for visiting and have a good day!

Compensatory Damages vs. Punitive Damages

exemplary damages

Punitive Damages Law Suit

Car accident claims could be in the form of compensatory damages wherein the victim is adequately compensated monetarily for the loss of property or injuries sustained. Punitive damages can be awarded alongside compensatory damages in a motorcycle accident lawsuit. It is for the attorneys and finally the court to ascertain whether a car accident case is eligible for punitive award.

What is Punitive Damages?
A simple literary translation of the word punitive would suffice to understand that there is element of punishment in the form of damages awarded against the person responsible for the accident. The actions due to negligence of the offender become punitive when such negligence happens intentionally or by any voluntary act as in the case of accidents due to drunk driving.

exemplary damages

Punitive Damages in Motorcycle Accident Cases

What should you do to claim punitive damages?
Follow these guidelines.
 Ascertain whether the driver responsible for the accident was influenced by alcohol or drugs at the time of the accident.
 Once you ascertain that the driver was under the influence of alcohol, look for intent to cause accident. If there is proof that the accident was caused with malicious intent in the form of a statement from the driver to the effect, then you can establish a strong case for claiming punitive damages, also known as exemplary damages.
 Try to analyze if the driver drove the vehicle recklessly and if you find any proof to establish the same, your chances of winning the case is high. Actions that constitute recklessness include exceeding the speed limit intentionally or under the influence of alcohol, indulging in cell phone conversation or text messaging etc.
 Look for motives such as animosity between the offender and the victim to constitute a vindictive attitude resulting in willful negligence Your allegations in the claim petition should enumerate all of these in a conspicuous manner at the time of filing, leaving no chance for the defendant to contend at a later stage that he had no notice of being framed for punitive damages.
 In the order of the court, the base award will always be compensatory in nature and punitive damages are calculated in addition to the former and it is not mandatory to award punitive damages in the absence of adequate evidence.

Hope this article enabled you to know what is ‘punitive damages’ in a car accident claim and under what circumstances you can include that in a claim for compensatory damages.

 

Some Details Regarding The Exclusionary Rule

What is the exclusionary rule, suppress the evidence

Short note on Exclusionary rule

Most people are unaware of the details regarding the exclusionary rule. In this article, this rule is explained in some detail.

What is the exclusionary rule?

The origins of the exclusionary rule can be traced back to the Fourth, Fifth and Sixth amendments to the U.S. Constitution as well as several court decisions. The main aim of this rule is to protect the defendant from evidences that are gathered in violation of the Fourth Amendment’s prohibition against illegal searches and seizures. This rule is also aimed at protecting the defendant from evidences that are obtained in violation of the Fifth Amendment prohibition against self-incrimination, such as recordings of a confession gathered in violation of the federal wiretapping statute. Another function of this rule is to protect the defendant from evidences that are obtained by violating the defendant’s Sixth Amendment right to counsel.

Three elements

For the exclusionary rule to be applicable, the presence of three elements is necessary. The first element is that the police officer or an agent of the police has resorted to illegal action. Secondly, there must have been a seizure of evidence, which can include voluntary statements by the defendant in certain situations. The final element is of course that there should be a connection between the illegal actions of the police with the evidence seized.

Purpose behind the rule

The main purpose of this rule is of course to provide the citizens the upper hand in when there may be a clear case of discrimination or abuse of power. It will also help the prevention of the illegal intrusion of the police into the lives of the people.

Function of the exclusionary rule

A lawyer of the defendant can argue for the suppression of the evidence, if any that has been seized by the police and other investigating agencies through an illegal search with the help of this exclusionary rule. By using the exclusionary rule, the defendant can

What is the exclusionary rule, suppress the evidence

Short note on Exclusionary rule

also suppress the evidence illegally gathered from someone else, if that evidence tends to incriminate the suspect.

Hopefully, this article helped you in understanding the exclusionary rule much better. So, if someone was to ask you, “What is the exclusionary rule?” I am sure you would be able to come up with a satisfactory answer. Although this rule may work to the advantage of the guilty defendants, it helps in empowering the people who are the defendants in most of the cases. Moreover, there are numerous avenues for the investigating agency to explore if they want to secure evidence legally. If you need more information regarding this rule, browse through this website for further articles on the same.

How To Get Punitive Damages Without Going To Court

what is punitive damages

how to claim punitive damages

What is punitive damages from the legal point of view? They are damages that are aimed at reforming or deterring the plaintiff and others from engaging in conduct similar to that which led to the lawsuit in the first place. And what is punitive damages in effect? It punishes a person for an act they should have been able to prevent, but did not. When this refers to an accident, and the one at fault owns up to their actions, a monetary award, including the punitive damages, can be negotiated without going to court.

Getting punitive damages without suing

  • Take note of everything. When you are involved in an accident or are wronged and you had to suffer damages to your person or property, write down who, what, when, where, why and how. Also keep a record of all expenses that you had to suffer with respect to medical expenses and loss with respect to the amount of time you had to lay off work due to the accident.
  • Solicit the services of an attorney. Even though you can deal with the offender personally, it is always better to get professional help to get you through the process. If you want to make a claim without suing, the attorney can be your contact and go-to person, and this will ensure that the other parties will take you more seriously. Everybody takes an attorney seriously.

    getting  punitive damages

    how to obtain punitive damages

  • Co-operate with the other party. Their attorney or representative may wish to interview you regarding the claims you make. Let such requests go through your attorney and let him tell you if it’s advisable to meet with them.
  • Approach it realistically. You’re getting compensated for the expense from your pocket, so make sure your demand for punitive damages is reasonable and not excessive. You can have your attorney give past claim history awards for punitive damages to begin your negotiations.
  • Settle when you get the feeling that you’re being justly compensated for your trouble. You will be guided by your attorney as to when the offer settlement is good. Of course, you can either accept or reject the attorney’s advice but it would be advisable to follow such a recommendation

These are the things to keep in mind while settling for punitive damages outside court. Hope this was helpful.

 

Know the Facts About The Exclusionary rule

What is the exclusionary rule

Importance of Exclusionary rule

The Constitutional law of the United States has several amendments that are intended to establish  proper implementation of law and order. Out of these several amendments, there is one particular rule which calls for the public attention and debate. It’s the Exclusionary Rule. This rule can be found under the Fifth Amendment.

What is the exclusionary rule?

It states that no object may be produced in court if it is obtained illegally or without a proper search warrant. The evidence thus collected or analyzed in violation of the defendant’s constitutional rights is not taken into account for a criminal prosecution. This relates directly to the Fifth Amendment’s command that “no person shall be compelled to bear a witness against oneself” and that “no person shall be deprived of life, liberty or property without due process of law”.

What are its functions?

The Exclusionary Rule is intended to protect citizens from illegal police actions like searches and seizures.  The rule protects civilians from unauthorized search and seizure. As the Exclusionary Rule is grounded to the Fourth Amendment which states that a warrant is required to conduct a proper search. This also protects civilians from the illegally gathered evidence which is clearly a violation of the Fifth Amendment in the Bill of Rights against to self-incrimination.

Arguments in favor and against

There are people who are in favor of this rule as well as against it. While there are arguments that it is unconstitutional and stands in the way of search for truth in criminal proceedings, many consider this rule as an effective measure to deter police misconduct. They believe that this rule can put a hold on police actions that can possibly violate an individual’s constitutional rights. So people who ask what is the exclusionary rule can have different opinions depending upon their individual perspective.

Considerations

Fifth Amendment

Arguments against the Exclusionary rule

The defendends have to prove however that the evidence was obtained illegally. Furthermore, the judge can question the investigating officer on the merits of the evidence that has been presented. Sometimes, under exceptional circumstances, the judge can admit such evidences if it is clear that such evidence proves the culpability of the party.

More importantly this exclusionary rule is applicable to all individuals within the United States, irrespective of whether they are citizens, immigrants or visitors.

 

When to consult a car accident attorney

Car accident lawyers Los Angeles

more on compensations after accidents

Road accidents have become a cause of real concern nowadays. Death tolls due to car accidents are rising at an alarming rate. A vast majority of car accidents are caused due to rash driving. Car accidents not only damage your car, but it can take the lives of many innocent people too. An individual who has recovered from a major accident will have a lot to care of once over the trauma of the accident. A major worry is the payment of hospital bills. The government allows compensation or grants to help people recover from the financial crisis involved in accident cases. Most people are not aware of these compensations and fail to avail of the facilities. This article will let you know when you need to get in touch with a car accident attorney.

The eligibility criteria for compensation

Law points related to this cannot be listed in such a brief article. But the most important factor to determine whether you are eligible for compensation is that your hands must be clean. The person

car accidents

more on accident compensation issues

demanding for compensation should not be responsible for the accident at all costs. An individual can demand for compensation if the accident was caused due to the negligence of other drivers. The law supports the above mentioned clause, but the victim has to prove the same before the court. Here lies the importance of the car accident attorneys.

Scenarios related to harsh and negligent driving

  • In majority of the cases, harsh and negligent driving is associated with over-speeding on highways.
  • It is also related to driving under the influence of alcohol or drug. Driving under the influence of alcohol is a serious offense and persons found guilty of this can land in some serious trouble.

Car accident lawyers Los Angeles

The city of Los Angeles is a hub for many car attorney lawyers who specialize in dealing with all matters related to vehicle accidents. These lawyers can help the individuals to file complaints against rash and negligent driving . Complaints should be based on clear evidence and it is not as easy as it seems. Individuals are eligible for compensation once the court approves the same.

Always seek the help of a car accident lawyer to receive the compensations.