general Writs of Assistance
docx
keyboard_arrow_up
School
Indian River State College *
*We aren’t endorsed by this school
Course
2062
Subject
Law
Date
Feb 20, 2024
Type
docx
Pages
2
Uploaded by ProfPencilWolf5
What is the difference between general Writs of Assistance and “special Writs of Assistance”?
Legal writs or papers known as Writs of Assistance gave law enforcement officers the power to search areas for contraband or indications of smuggling without a specific warrant. They were widely employed in the eighteenth century, especially in times of trade restrictions and anti-smuggling campaigns. The main distinction between special and general writs of assistance is the specificity and extent of each.
What similarities do you see between the Fourth Amendment and Otis’s description of “special Writs of Assistance” in Document A?
Concerns about safeguarding personal privacy and preventing government intrusion are shared by the Fourth Amendment of the US Constitution and James Otis's explanation of "special Writs of Assistance" in Document A.
List three ways a person might act as a “witness against himself.” Making Admissions of Self-Incrimination: Statements made freely by a person that reveal their involvement in a crime or acknowledge their guilt may be used against them. This could happen in situations where remarks are made consciously, such as while interacting with law enforcement or being questioned by authorities.
Providing Records or Documents that Incriminate: Documents, records, and other tangible evidence that incriminates a person may be used as evidence in court if they are voluntarily provided by that person. Written admissions, bank statements, or other records that connect the person to unlawful activity may be examples of this.
Giving Permission for Searches or Seizures: Self-incrimination may result from consenting to a search of one's person, property, or possessions without exercising one's Fourth Amendment rights. For instance, if someone agrees to a search and illegal substances are found, the evidence discovered during the search can be used against them in court.
Are the requirements of the Fourth and Fifth Amendments (Documents B and C) essential parts of “due process of law”?
Certainly, in the framework of the American legal system, the criteria set forth in the Fourth and Fifth Amendments (Documents B and C) are indispensable elements of "due process of law". Equal treatment in court is guaranteed by both amendments, which also help to safeguard people's rights.
Why did the Court rule that illegally seized evidence may not be used in federal criminal trials?
The use of unlawfully obtained evidence in federal criminal proceedings is forbidden by the exclusionary rule, a legal principle. This rule's principal goal is to prevent law enforcement from conducting unlawful or unconstitutional searches and seizures, protecting people's Fourth Amendment rights.
Why did the Court refuse to apply the exclusionary rule to the states?
The states were not initially subject to the exclusionary rule, which was first established as a judicially constructed remedy to discourage unlawful searches and seizures in federal courts. The U.S. Supreme Court established the exclusionary rule to apply to state criminal proceedings in the 1961 case of Mapp
v. Ohio, which brought about this shift. But for a number of reasons, the Court did not apply the exclusionary rule to the states before making this ruling.
Why did the Court apply the exclusionary rule to the states?
Due in large part to the Due Process Clause of the Fourteenth Amendment, which incorporates the Fourth Amendment's safeguards against unjustified searches and seizures into state law, the U.S. Supreme Court applied the exclusionary rule to the states in the 1961 case of Mapp v. Ohio. With the Mapp ruling, the Court's stance on defending people's constitutional rights during state criminal prosecutions changed. These are the main justifications for extending the exclusionary rule to the states.
What did the Court mean by “judicial integrity”? Judicial integrity" is the idea that in order to keep the public's trust and confidence, the legal system must continue to be honest, unbiased, and committed to the letter of the law. The necessity to preserve the justice system's impartiality and legitimacy is usually mentioned when the U.S. Supreme Court speaks of "judicial integrity" in relation to the exclusionary rule.
Is the Court’s ruling the only way to protect citizens from unreasonable searches? Can you think of any
alternatives to the exclusionary rule?
There are other strategies and methods to accomplish this goal, even if the exclusionary rule has been a vital legal tool for shielding citizens against arbitrary searches and seizures. These are a few substitutions for the exclusionary rule.
How does this opinion come to the same conclusion as the majority, yet for a different reason.
Contrary to the majority judgment, the concurring opinion in Mapp v. Ohio recognizes a separate constitutional ground for needing and supporting the exclusionary rule. Although they reach the same conclusion—that is, that the exclusionary rule is justified—the majority and concurring opinions do so use distinct legal justifications.
Why are the dissenters concerned that the majority overruled Wolf (Document F)
The dissenters may be concerned about the principle of stare decisis, which emphasizes the importance of following established legal precedent. Overruling Wolf could disrupt legal stability by departing from a
previous decision, creating uncertainty in the interpretation and application of the law.
viewpoint about the exclusionary rule’s relationship to moral and legal justice?
The cartoonist might be upset by the possibility that people won't be held completely responsible for their deeds, even if their convictions are reversed for violating the Fourth Amendment. This point of view
can call into question the harmony between upholding victims' rights and safeguarding individual liberties.
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
- Access to all documents
- Unlimited textbook solutions
- 24/7 expert homework help