The 20 chapters in Courts, Law, and Justice cover a wide range of sharply contested topics, including drug and gun control laws as well as the ins and outs of the criminal justice system as encountered by arrested suspects, during the trial process, and during the sentencing phase. This volume looks closely at Miranda rights and the impact of polygraphs and DNA testing; legal and procedural issues during prosecution, including exclusionary rules and double jeopardy; and sentencing and punishment for crimes, including for offenses such as DUI and sex offenses. The role of the victim during the prosecutorial process is also examined. Addressing such engaging topics as asset forfeiture, DNA evidence, double jeopardy, expert witnesses and “hired guns,” eyewitness testimony and accuracy, insanity defense, the jury system, mandatory sentencing, plea bargaining, polygraphs, three-strikes laws, and more, the authors of this volume all closely examine the development of the justice system and consider the key opinions supporting or contesting the laws and policies used during investigation, prosecution, and sentencing. The SeriesThe five brief, issues-based books in SAGE Reference’s Key Issues in Crime & Punishment Series offer examinations of controversial programs, practices, problems or issues from varied perspectives. Volumes correspond to the five central subfields in the Criminal Justice curriculum: Crime & Criminal Behavior, Policing, The Courts, Corrections, and Juvenile Justice. Each volume consists of approximately 20 chapters offering succinct pro/con examinations, and Recommended Readings conclude each chapter, highlighting different approaches to or perspectives on the issue at hand. As a set, these volumes provide perfect reference support for students writing position papers in undergraduate courses spanning the Criminal Justice curriculum. Each title is approximately 350 pages in length.
Chapter 6: Exclusionary Rules
For almost a century, the exclusionary rule has been a topic of vigorous debate among legal scholars and practitioners. The exclusionary rule is a judicially recognized legal doctrine that allows the court, in certain situations, to exclude improperly acquired evidence from a criminal trial. Most often, courts invoke the exclusionary rule when suppressing evidence obtained in violation of the Fourth Amendment to the U.S. Constitution. The Fourth Amendment protects citizens from unreasonable search and seizure of their “persons, houses, papers and effects.” The exclusionary rule also occasionally operates to exclude evidence that results from violations of the Fifth and Sixth Amendments. The Fifth Amendment prohibits forced self-incrimination and mandates that no person shall be “deprived of life, liberty, or property, without due ...