Exclusionary Rule (Sociology)

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  • A judicially created remedy for the violation of a defendant's constitutional rights. Constitutions provide citizens with rights protecting them against undue government intrusion but offer few remedies for violations of those rights. The exclusionary rule, which makes evidence seized illegally by government agents inadmissible in criminal courts, was first announced in the case Weeks v. United States (1914). In Mapp v. Ohio (1961), the U.S. Supreme Court extended the exclusionary rule to the states. Defense attorneys seeking to have evidence suppressed will request a suppression hearing (also known as a Mapp hearing) asking the judge to apply the exclusionary rule to physical or testimonial evidence that has allegedly been obtained illegally. The judge makes a determination as to the legality of the evidence and uses ...

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