Sunday, April 28, 2019
Unit 6, Four Law Questions Article Example | Topics and Well Written Essays - 250 words
Unit 6, Four Law Questions - Article ExampleThe Exclusionary command interrogates whether these rights were violated eyepatch finding evidence. 2) To disallow a search which no assess allowed in the first place A search warrant must be authorized by a judge. 3) To deter the police The Exclusionary Rule helps to deter police from using unconstitutional methods to obtain evidence.Elements Of Subjective Test The defendants asseverate of mind. If this is questionable, the evidence may be rendered inadmissible. 2) The willingness of the defendant to participate in the crime must also be adequately proven by the prosecution.Objective Test Looks at whether the defendant committed the crime referable to pressure from g all overnment agents or whether government agents persuaded the person into committing the crime. It also explores the possibility of the person not macrocosm ready and willing to commit the crime until such a time when the governments agents interacted (Samaha, 2011)..F our Tasks for the judge 1) Presiding over the hearing and ensuring that that order is maintained. 2) Determine the legality or otherwise of any evidence presented 3) The judge issues instruction manual before any deliberations begin and cites the law relevant to the case and the standards it must meet. Finally, in case of patio trials, the judge scrutinizes the facts and decides on the way forward for the case.Preliminary Hearings and Grand Jury Review Basically, a explorative hearing is taken as an adversarial hearing. On the other hand, a grand jury is a backstage proceeding that listens to the case of the prosecution without the participation of the defense. Preliminary hearings are also presided over by the judge while the grand jury managed by the
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