Criminal Justice - Police Powers and Citizens' Rig | Criminal Justice

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Study GuideCriminal JusƟce–Police Powers and CiƟzens' Rights1. The Exclusionary Rule1.1What Is the Exclusionary Rule?Theexclusionary ruleis a rule created by judges to protect people’s constitutional rights. It says thatevidence obtained by the government in an illegal way cannot be used against a defendant incourt.If police violate a person’s constitutional rights—especially during a search—any evidence they findmay be excluded from the trial. To make this happen, the defendant can file amotion to suppressbefore the trial. This motion asks the judge to declare the evidenceinadmissible, meaning theprosecution cannot use it.Most of the time, the exclusionary rule applies tophysical evidence, such as:•A murder weapon•Stolen property•Illegal drugsThis rule mainly protects theFourth Amendment rightagainstunreasonable searches andseizures.1.2Weeks v. United States (1914): The Birth of the RuleThe exclusionary rule began with the Supreme Court caseWeeks v. United Statesin 1914.In this case, the Court decided thatif police go beyond their constitutional authority whenconducting a search, that search is invalid. As a result, any evidence found during that illegalsearch cannot be used in court.At the time of this decision, theBill of Rights applied only to the federal government, not to stategovernments. This meant that the exclusionary rule initially appliedonly in federal cases.

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Study Guide1.3Mapp v. Ohio (1961): Expanding the Rule to the StatesInMapp v. Ohio, the Supreme Court extended the exclusionary rule tostate courts.This decision came from theWarren Court, which was known for strongly protecting individual rights.The Court ruled that the exclusionary rule is an essential part of theFourth Amendmentand must befollowed by the states.The Court explained that states needed this rule because they hadfailed to create effective ways tostop police from conducting arbitrary or unlawful searches.However, the decision was controversial. Some police officials and politicians criticizedMapp, arguingthat it“handcuffed” the policeand made law enforcement more difficult.1.4Erosion of Mapp: Limits on the Exclusionary RuleOver time, support for the exclusionary rule weakened. Conservative justices who replaced membersof the Warren Court wereless enthusiastic about the rule.As a result, the Supreme Court limited its impact in several ways. The Court ruled that illegallyobtained evidence could still be used:•Ingrand jury proceedings•By theInternal Revenue Service (IRS)in civil tax cases•Indeportation hearings1.5U.S. v. Leon (1984): The Good Faith ExcepƟonOne of the most important limitations came inU.S. v. Leon.In this case, the Court created thegood faith exception. This exception allows evidence to be usedeven if the search warrant is later found to beinvalid, as long as the police:•Acted honestly•Believed the warrant was valid at the timeIn other words,if police make a reasonable, good-faith mistake, the evidence they collect may stillbe admitted in court.

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Study Guide1.6Why This MaƩersThe exclusionary rule plays a key role in balancing two important goals:•Protecting individual constitutional rights•Allowing law enforcement to do its job effectivelyWhile the rule remains an important legal protection, courts have placed limits on it over time toprevent it from going too far.Understanding how the exclusionary rule developed—and how it has changed—helps explain howcourts try to balance fairness, justice, and public safety.2. FiŌh Amendment: The Right to Remain Silent2.1 What Does “Taking the FiŌh” Mean?“Taking the Fifth” means choosing toremain silentso you do not say anything that couldincriminate you. This right comes from theFifth Amendmentof the U.S. Constitution.This protection applies toeveryone—both guilty and innocent people. Even an innocent person cansay something that sounds suspicious or is misunderstood. That is why this right is so important,especially duringpolice interrogations, where officers question suspects to obtain evidence, often inthe form ofconfessions.2.2 Why Forced Confessions Are BannedWithout the right to remain silent, police could pressure suspects to confess usingthreats, pain, ortorture. History shows that this has happened—and it sometimes ledinnocent people to confessjust to stop the abuse.A powerful example isBrown v. Mississippi (1936). In this case, police accused three Black men ofmurder andwhipped them until they confessed. A Mississippi court sentenced them to death.However, theU.S. Supreme Court overturned the convictions.The Court ruled thatconfessions obtained through physical torture cannot be used in court,whether in state or federal cases. The reasoning was clear:•Forced confessionsviolate human dignity

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Study Guide•Theyundermine trust ingovernment•They are oftenunreliable2.3 When the Right Against Self-IncriminaƟon AppliesThe Fifth Amendment mainly protects people from being forced to giveconfessionsor otherincriminating statements.For the Fifth Amendment to apply, the evidence must be:•Compelled(forced by the government)•Testimonial(spoken or written communication)If a suspectvoluntarily gives upthe right to remain silent and confesses, the governmentmay usethat confessionin court.The Fifth Amendment protects people from givingtestimonial evidence, such as answeringquestions or giving statements that could incriminate them. This includes:•Live testimony•Transcripts of testimonyHowever, the Fifth Amendmentdoes not protect physical evidence. For example, police may takeablood sampleif they reasonably believe someone was driving under the influence.2.4 Confessions and the Right to an AƩorneyThe Fifth Amendment is closely connected to theSixth Amendment right to counsel.InEscobedo v. Illinois (1964), the Supreme Court ruled that once police questioning becomesaccusatory rather than investigative, the suspect has the right to have anattorney presentduringinterrogation.This means that when police start treating someone as a suspect instead of just gatheringinformation, that person isentitled to legal counsel.2.5 Miranda Warnings: ProtecƟng the Right to SilenceThe Supreme Court strengthened Fifth Amendment protections inMiranda v. Arizona (1966).

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Study GuideIn this case, Miranda confessed to kidnapping and rapewithout being told of his rights andwithout an attorney present. The Court ruled that his confessioncould not be used as evidence.As a result, police are now required to giveMiranda warningswhen they take a suspect into custodyand before questioning begins. These warnings inform suspects that:•They have theright to remain silent•Anything they say can be used against themin court•They have theright to an attorneyA suspect mayvoluntarily waivethese rights. However, if the suspect says at any point that theywant to remain silent,police must stop questioning immediately.Any confession obtainedwithout proper Miranda warningsisinadmissible in court.2.6 The Erosion of MirandaNot everyone supported the Miranda decision. Critics—especially conservatives—called it a“technicality”that would“handcuff” the police.Over time, the Supreme Court haslimited Miranda’s reach, though it has never completelyoverturned it.Some important cases include:•Harris v. New York (1971):Statements made without Miranda warnings can be used tochallenge a defendant’s credibilityif they testify at trial.•New York v. Quarles (1984):Created thepublic safety exception, allowing police to askurgent questionsbefore giving Miranda warningsif public safety is at risk.•Nix v. Williams (1984):Established theinevitable discovery exception, allowing illegallyobtained evidence if police would haveeventually found it legallyanyway.2.7 When Miranda Warnings Are RequiredPolice must give Miranda warningsonly when a suspect is in custodyand about to be questioned.

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Study Guide2.8 When Miranda Warnings Are Not RequiredPolice donotneed to give Miranda warnings in these situations:•When questioningwitnesses at a crime scene, not suspects•When a personvolunteers informationwithout being asked•Duringbrief street stops•Duringtraffic stops2.9 Why This MaƩersThe Fifth Amendment protects people from being forced to convict themselves. While the courts havelimited some of these protections over time, the right to remain silent remains acore safeguard offairness and justicein the American legal system.3. CiƟzens’ Rights: A Barrier to JusƟce?For many years, theU.S. Supreme Courthas tried to strike a balance between two important goals:•Protecting the rights of people accused of crimes, and•Giving police enough power to catch and punishcriminalsThis balance is not easy. Some critics argue that rules like theexclusionary ruleandMirandawarningsmake law enforcement less effective. Others believe these rules are essential for protectingfreedom and fairness.3.1 Arguments for Abolishing the Exclusionary Rule and Miranda WarningsCritics who want these rules eliminated make several key points.3.1.1 They Limit Police InvesƟgaƟonsOpponents argue thatMiranda warnings prevent police from obtaining confessionsduringinterrogations. According to this view, guilty people sometimes go free because police are unable togather critical evidence.

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