exclusionary rule

(noun)

A legal principle in the United States, under constitutional law, which holds that evidence collected or analyzed in violation of the defendant's constitutional rights is sometimes inadmissible for a criminal prosecution in a court of law.

Related Terms

  • constitutional right
  • right to counsel

Examples of exclusionary rule in the following topics:

  • The Exclusionary Rule

    • The exclusionary rule holds that evidence collected in violation of the defendant's rights is sometimes inadmissible.
    • Supreme Court announced a strong version of the exclusionary rule in the case of Weeks v.
    • The exclusionary rule furthermore applies to violations of the Sixth Amendment, which guarantees the right to counsel.
    • The exclusionary rule is not applicable to aliens residing outside of U.S. borders.
    • The exclusionary rule as it has developed in the U.S. has been long criticized, even by respected jurists and commentators.
  • Regulation and Antitrust Policy

    • Typically, this behavior involves a firm using unreasonable, unlawful, and exclusionary practices that are intended to secure, for that firm, control of a market.
  • The Act of Creating a Rule: Principled Decisions

    • Variation two, $R \rightarrow X+Y$ , refers to a "wholesale" decision, the act of making a rule.
    • Instead, the specific action is deduced from, or at least limited by, the rule.
    • Under circumstances C rule R implies or requires us to take action A.
    • His decision is not deduced from the rule, but is chosen on one ground or another from among the set of actions compatible with the rule.
    • One further characteristic of arriving a specified actions via rules rather than from direct evaluation of their expected consequences is that the roles of rule-maker and rule-applier can be separated.
  • Winning an Election: Majority, Plurality, and Proportional Representation

    • A voting system contains rules for valid voting, and how votes are counted and aggregated to yield a final result.
    • Majority rule is a decision rule that selects the option which has a majority, that is, more than half the votes.
    • Some scholars have recommended against the use of majority rule, at least under certain circumstances, due to an ostensible trade-off between the benefits of majority rule and other values important to a democratic society.
    • Being a binary decision rule, majority rule has little use in public elections, with many referendums being an exception.
    • Compare and contrast the voting systems of majority rule, proportional representation and plurality voting
  • Popular Consent, Majority Rule, and Popular Sovereignty

    • Majority rule is a decision rule that selects the option which has more than half the votes.
    • Some scholars have recommended against the use of majority rule, at least under certain circumstances, due to an ostensible trade-off between the benefits of majority rule and other values important to a democratic society.
    • Recently some voting theorists have argued that majority rule is the rule that best protects minorities.
    • The central tenet is that legitimacy of rule or of law is based on the consent of the governed.
    • The "sovereign" is the rule of law, ideally decided on by direct democracy in an assembly.
  • The Goals of Economic Policy

    • However, following the stagflation of the 1970s, policymakers began to be attracted to policy rules.
    • A rule-based policy can be more credible, because it is more transparent and easier to anticipate.
    • Examples of rule-based policies are fixed exchange rates, interest rate rules, the stability and growth pact and the Golden Rule.
    • Some policy rules can be imposed by external bodies, for instance, the Exchange Rate Mechanism for currency.
    • A compromise between strict discretionary and strict rule-based policy is to grant discretionary power to an independent body.
  • Forms of Government

    • Governments with Aristarchy attributes are traditionally ruled by the "best" people.
    • Aristocracy refers to the rule by elite citizens; a system of governance in which a person who rules in an aristocracy is an aristocrat.
    • It has come to mean rule by "the aristocracy" who are people of noble birth.
    • In modern times, an Autocrat's rule is not stopped by any rules of law, constitutions, or other social and political institutions.
    • Governments with oligarchic attributes are ruled by a small group of powerful and/or influential people.
  • The Rule of Law

    • The classical formulation of this said that we should have "the rule of law. " A more specific way of putting it is: Laws, si; pseudo-laws, no!
  • Litigating for Equality After World War II

    • Post-WWI civil rights were expanded through court rulings such as Brown v.
    • Rather than focusing on whether or not segregated schools were equal, the Supreme Court ruling focused on the question of whether a doctrine of separate could ever be said to be equal.
    • The judges' ruling hinged on an interpretation that took separate as unconstitutional particularly because "Segregation of white and colored children in public schools has a detrimental effect upon the colored children.
    • Many white people in southern states protested integration, and legislators thought up creative ways to get around the ruling.
  • Non-Democratic Governments: Monarchy, Oligarchy, Technocracy, and Theocracy

    • This is a form of government in which a state or polity is ruled or controlled by an individual who typically inherits the throne by birth and rules for life or until abdication.
    • Aristocracy is a form of government in which a few elite citizens rule.
    • In the origins in Ancient Greece, it was conceived of as rule by the best qualified citizens, and contrasted with monarchy.
    • In later times, aristocracy was usually seen as rule by a privileged group, the aristocratic class, and contrasted with democracy.
    • Similarly, plutocracy is rule by the wealthy.
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