You are a new law clerk working for one the popular justices for your state supreme court.
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Question:
You are a new law clerk working for one the popular justices for your state supreme court. You were recently invited to present a presentation on the exclusionary rule to the state police in order to assist them in reducing the number of errors made and increasing their effectiveness while on duty.
In the Discussion Area, please respond to the following questions and explain how you arrived at your decision. Review the decisions of at least two of your classmates and respond to what they have written. Be sure to respond to any feedback to your original post:
- Provide a clear definition of the exclusionary rule.
- Describe how the exclusionary rule might influence the behavior of police officers, detectives, and prosecutors.
- Recall the scenario in last week's discussion. Assume that Chip told police that he stashed the bodies but was only doing what Bob, the owner, told him to do. If he revealed this information under questioning, but without having been given his Miranda rights, how would that impact the case?
- Do you think it is more important for judges to always enforce the exclusionary rule, or should exceptions be made so that violent criminals are not set free despite being guilty? Explain your reasoning.
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