Week 6 1304 Assignment
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Kenyatta University *
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1302
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Law
Date
Nov 24, 2024
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doc
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4
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Running Head: LESSON 6 ASSIGNMENT
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Lesson 6 Assignment
Name:
Institution:
LESSON 6 ASSIGNMENT
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Lesson 6 Assignment
1.
Define: The exclusionary rule, corroboration, and preponderance of the evidence.
The exclusionary rule in the U.S is a critical constitutional rule that inhibits the
utilization of evidence that is collected by contravening the constitutional rights that a
defendant possesses in a law court (
Abadinsky, 2017). No evidence obtained using fraudulent
means that infringe on the defendant’s rights can be utilized in a U.S court because of the
stipulation that the exclusionary rule stipulates. Corroboration usually defines the evidence
that further supports existing evidence and thereby affirming the proposition provided
(
Abadinsky, 2017). It is a form of evidence that helps in cementing the incrimination of the
defendant in a criminal case. On the other hand, the “preponderance of the evidence” refers
to the standard for evidence that is utilized in an analysis of a “burden of proof (Koch, 2002).
The proof is only reached when the party having the burden convinces the finder of the facts
that more than 50% chance approves that the claim is genuine.
2.
What is "liberty interest" and how does it relate to the inmate?
Liberty interest refers to an interest that state and federal constitutions protect using
its due process clauses. The due process clause primarily provides a guarantee of
fundamental fairness for the U.S citizenry (Woolhandler, 2015). The main goal that the
clauses addresses is using fair procedures to produce better results that hold enhanced
accuracy to ensure that the interests of people in cases is not deprived. The clause is also to
guarantee the people that the government has their interests at heart by providing them with
LESSON 6 ASSIGNMENT
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the avenue to illustrate their defense (Woolhandler, 2015). In relation to inmates, liberty
interests apply in terms of solitary confinement that the prisoners can appeal to remain in the
normal prison or jail. Inmates also possess the rights to undergo rehabilitation under optimal
conditions (Woolhandler, 2015). The liberty interest is the underlying legislation that helps
inmates to champion for such rights as lack of solitary confinement.
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References
Abadinsky, H. (2017).
Probation and parole: Corrections in the community
. Pearson.
Koch, R. (2002). Process v. outcome: The proper role of corroborative evidence in due process
analysis of eyewitness identification testimony.
Cornell L. Rev., 88
, 1097.
Woolhandler, A. (2015). Procedural Due Process Liberty Interests.
Hastings Const. LQ,
43, 811.