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| | American Mutual Life Insurance v. U.S. |
 | | American Mutual further argued that in accordance with the language of the exclusionary aspect of the tax benefit rule, as articulated in the Code, it is entitled to recover the amounts for which the deductions failed to yield a full dollar-for-dollar benefit. | | | The Court of Federal Claims rejected American Mutual’s claim for relief on the additional basis that the tax benefit rule does not apply to the release of life insurance reserves. | | | The “inclusionary” aspect of the rule enables the government to tax as income an amount recovered in a later year corresponding to an event for which a deduction was taken by the taxpayer in an earlier year. |
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http://www.ll.georgetown.edu/Federal/judicial/fed/opinions/00opinions/00-5078.html
(4231 words)
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| | 1ASR2d61.htm |
| | Blue, 384 U.S. However; the defendants contend that American Samoa has a peculiar situation which would distinguish it from the Federal Rule since the Exclusionary Rule here exists by constitutional mandate and is not court imposed as in the Federal system. | | | The basis for the motion was that the magistrate erred under Rule 5.1 of the Rules of the Criminal Procedures of American Samoa in refusing to consider defendant's motion to suppress under Fourth Amendment grounds. | | | This Rule of course, is simply an adoption of the Federal Rule as set forth in the Federal Rules of Criminal Procedures, Rule 5.1. |
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http://www.asbar.org/Cases/1ASR2d/1ASR2d61.htm
(1169 words)
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| | Is Home Rule The Answer? Clarifying The Influence Of Dillon's Rule On Growth Management |
| | Conversely, legislatures in home rule states can pass laws that restrict municipalities from engaging in exclusionary practices or other activities that appear to undermine important state objectives. | | | Drawing from the best available legal literature and case law, the study examines the definition and use of both Dillon's Rule and home rule and, for the first time, categorizes all 50 states by their overall interpretation of the state and local relationship. | | | These leaders contend they are handcuffed by Dillon's Rule, a strict interpretation of state laws that allows localities to possess only such powers as are specifically delegated to them by state law. |
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http://www.brookings.edu/es/urban/publications/dillonsrule.htm
(1169 words)
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| | Faculty working paper list |
| | Exclusionary Access Rules in Standards and Network Joint Ventures | | | Simple Majority Rule for Criminal Jury Trials: The Verdict is Now In (with Edward Schwartz, forthcoming in Legal Theory.) | | | Bargaining at a Distance: The Mailbox Rule and Related Games |
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http://www.law.georgetown.edu/olin/papers
(286 words)
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| | Rule, real world road rule, backgammon rule |
| | Rule britannia Ann rule Ja rule wonderful Rule of attraction Spelling rule Softball rule Cider house rule Golf rule Game rule Exclusionary rule | | | Rule, real world road rule, backgammon rule, chess rule | | | Backgammon rule Chess rule Real world road rule Tennis rule Horseshoes rule Rule of thumb Canasta rule Flag football rule Volleyball rule Ja rule picture |
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http://www.lookgames.net/rule.html
(286 words)
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| | FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code |
| | United States, 232 U.S. (1914), the deterrent effect of the evidentiary limitation upon prosecution is a baseline for evaluating the degree (or incremental degree) of deterrence that could be expected from extending the exclusionary rule to other sorts of cases, see INS v. | | | The deterrent function of the exclusionary rule is therefore implicated as much by a revocation proceeding as by a conventional trial, and the exclusionary rule should be applied accordingly. | | | Often, therefore, there will be nothing incremental about the significance of evidence offered in the administrative tribunal, and nothing "marginal" about the deterrence provided by an exclusionary rule operating there, ante, at 10. |
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http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=US&navby=case&vol=000&invol=97-581
(6567 words)
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| | State of Alaska v. Hazelwood (12/3/93), 866 P 2d 827 |
| | However, Hazelwood does not rely on a claim of any illegal governmental activity prior to the State's effort to introduce compelled evidence in the criminal proceeding.21 Exclusion of Hazelwood's immunized report and information derived from the exploitation thereof is not mandated by an exclusionary rule, but by the Fifth Amendment itself: "No person. | | | Additionally, Hazelwood contends that while courts are free to modify the judicially created exclusionary rule, only Congress can change the scope of the immunity statute it created. | | | Hazelwood contends that the absence of a deterrence rationale makes the inevitable discovery doctrine "inappropriate in the context of immunity analysis." Hazelwood asserts that the exclusionary rule and exceptions thereto were developed by balancing two competing interests: the need to deter police misconduct and the need for evidence of wrongdoing to convict the wrongdoer. |
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http://www.touchngo.com/sp/html/sp-4034.htm
(5553 words)
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| | Converted file jts |
| | Therefore, because of the substantial costs and minimal deterrence effect, the Court concluded that the exclusionary rule does not bar the introduction of evidence seized in violation of a parolee’s Fourth Amendment rights at a parole revocation hearing. | | | The Court noted that because the exclusionary rule is only applicable where the deterrence benefits outweigh the substantial costs associated with the rule, it had repeatedly declined to extend the exclusionary rule to proceedings other than criminal trials. | | | The rule would provide only minimal deterrence benefits in this context, because application of the rule in the criminal trial context already provides significant deterrence of unconstitutional searches.” |
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http://www.state.in.us/judiciary/opinions/archive/08210001.jts.html
(1707 words)
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| | A Return to the Scene of the Crime |
| | Actually, Rule 404(a) does all the exclusionary work of the propensity rule when character is used circumstantially to prove action in conformity therewith, and 404(b) adds nothing except clarification of when the propensity rule does not apply because propensity is not being proved (some clarification!). | | | Not the propensity rule of 404(a), which is a rule of exclusion, or even Rule 404(b), which, as we have said, is merely a statement elaborating what is not made inadmissible by Rule 404(a). | | | In fact, Rule 404(b) often causes confusion because its examples of permitted use of character-type evidence are sometimes mistaken as an exhaustive list of when such evidence is permitted. |
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http://www.law.harvard.edu/publications/evidenceiii/problems/41.htm
(1707 words)
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| | sg900360.txt |
| | The Court reasoned that, in such circumstances, the deterrent value of the exclusionary rule is vitiated by the fact that "an officer cannot be expected to question the magistrate's probable-cause determination or his judgment that the form of the warrant is technically sufficient." Id. at 921. | | | Because the court of appeals undertook that inquiry here, it is apparent that the court applied the correct legal standard in evaluating the government's claim that the good faith exception to the exclusionary rule called for denying petitioner's motion to suppress evidence. | | | Whether the district court correctly concluded that the good faith exception to the exclusionary rule applied in the circumstances presented. |
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http://www.usdoj.gov/osg/briefs/1990/sg900360.txt
(1707 words)
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| | State of Alaska v. Hazelwood (12/3/93), 866 P 2d 827 |
| | However, Hazelwood does not rely on a claim of any illegal governmental activity prior to the State's effort to introduce compelled evidence in the criminal proceeding.21 Exclusion of Hazelwood's immunized report and information derived from the exploitation thereof is not mandated by an exclusionary rule, but by the Fifth Amendment itself: "No person. | | | Hazelwood contends that the absence of a deterrence rationale makes the inevitable discovery doctrine "inappropriate in the context of immunity analysis." Hazelwood asserts that the exclusionary rule and exceptions thereto were developed by balancing two competing interests: the need to deter police misconduct and the need for evidence of wrongdoing to convict the wrongdoer. | | | The argument Hazelwood presents in the context of a statutory grant of immunity is similar: the lack of a deterrence rationale for the exclusionary rule precludes the application of the inevitable discovery exception to the rule. |
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http://www.touchngo.com/sp/html/sp-4034.htm
(5553 words)
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| | FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code |
| | However the Court reinterprets Mapp, and whatever the rationale now attributed to Mapp's holding or the purpose ascribed to the exclusionary rule, the prevailing constitutional rule is that unconstitutionally seized evidence cannot be admitted in the criminal trial of a person whose federal constitutional rights were violated by the search or seizure. | | | United States, 350 U.S. (1956), and a little more than a decade later the exclusionary rule was held applicable to the States in Mapp v. | | | The Mapp majority justified the application of the rule to the States on several grounds, 21 but relied principally upon the belief that exclusion would deter future unlawful police conduct. |
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http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?navby=case&court=us&vol=428&invol=465
(14270 words)
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| | United States v. Leon |
| | The purposes of the exclusionary rule are not achieved by suppressing evidence obtained in good faith reliance on a defective search warrant. | | | Good faith is an exception to the exclusionary rule. | | | Good faith is the current standard for applying the exclusionary rule. |
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http://www.4lawschool.com/criminal/leon.htm
(14270 words)
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| | Good Faith Exception |
| | The Supreme court held that the Fourth Amendment exclusionary rule should not prevent an officer from using the evidence found in a case where the officer was using reasonable reliance on a search warrant that was issued by a neutral magistrate even though it found to be invalid. | | | Officer Rombach however had acted in good faith, the court rejected the suggestion of adding good faith exception do to reliance on a search warrant to the exclusionary rule. | | | In this case the only question presented was the question whether a good-faith exception to the exclusionary rule should be recognized. |
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http://www.essaysword.com/viewpaper/19744.html
(14270 words)
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| | osborn74.txt |
| | MacDougall, Donald V., "The Exclusionary Rule and Its Alternatives -- Remedies for Constitutional Violations in Canada and the United States" (1985) 76 J. Crim. | | | Lynch, Timothy, "In Defence of the Exclusionary Rule", Cato Policy Analysis No 319, Cato Institute's Center for Constitutional Studies (1 October 1999) http://www.cato.org/pubs/pas/pa-319es.html] (19 December 1999). | | | In summary, the general rule in the United States is that illegally obtained evidence is inadmissible in criminal proceedings. |
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http://www.murdoch.edu.au/elaw/issues/v7n4/osborn74.txt
(14270 words)
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| | The Free Universal Encyclopedia and Learning Resource - GNU Project - Free Software Foundation (FSF) |
| | The last and most important rule for pages in the encyclopedia is the exclusionary rule: | | | This rule will make sure we respect our own rules, in the same way that the exclusionary rule for evidence is supposed to make police respect their own rules: by not allowing us to treat work which fails to meet the criteria as if it did meet them. | | | On the other hand, many web pages cover material that wouldn't normally be included in an encyclopedia--for example, scholarly papers, detailed statistical data bases, news reports, fiction and art, extensive bibliographies, and catalogs of merchandise. |
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http://www.gnu.org/encyclopedia/free-encyclopedia.html
(14270 words)
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| | The Free Universal Encyclopedia and Learning Resource - GNU Project - Free Software Foundation (FSF) |
| | This rule will make sure we respect our own rules, in the same way that the exclusionary rule for evidence is supposed to make police respect their own rules: by not allowing us to treat work which fails to meet the criteria as if it did meet them. | | | The last and most important rule for pages in the encyclopedia is the exclusionary rule: | | | We cannot stop business from restricting the information it makes available; what we can do is provide an alternative. |
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http://www.gnu.org/encyclopedia/free-encyclopedia.html
(14270 words)
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| | Selective Disclosure and Insider Trading |
| | The rule does not require any particular documentation or recordkeeping by insiders, although it would, in some cases, require a person to document a particular plan, contract, or instruction for trading if he or she wished to demonstrate an exclusion from the rule. | | | The law of insider trading is otherwise defined by judicial opinions construing Rule 10b-5, and Rule 10b5-1 does not modify the scope of insider trading law in any other respect. | | | In other contexts, we have been criticized for attempting to "make new law" in an uncertain area by means of enforcement action and urged instead to seek to change the law through notice-and-comment rulemaking. |
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http://www.sec.gov/rules/final/33-7881.htm
(18034 words)
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| | sg820066.txt |
| | The good faith exception to the exclusionary rule that we advocate here is consistent with this Court's recognition of the ameliorating effects of police good faith in other Fourth Amendment contexts. | | | Finally, the good faith exception to the exclusionary rule that we propose comports fully with the context in which the rule was first promulgated and then applied to the states. | | | Accordingly, the court disposed of the case by relying on the good-faith exception. |
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http://www.usdoj.gov/osg/briefs/1982/sg820066.txt
(18034 words)
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| | Assignments for Hector's class |
| | fraudulent acts committed by the medical profession, computer crimes, white collar crime, ABSCAM, Judgescam, Exclusionary rule(cases associated with it), fruit of the poisonous tree doctrine, exceptions to exclusionary rule(the cases associated with this term), crtical concepts in 4th Amendment, Silver platter doctrine, stop and frisk(to include plain feel and plain look). | | | A year and a day rule, Felony murder doctrine, types of death, types of homicide, types of serial murderers, types of multiple murderer, theories of victimizationz(to include victim precipitation and its subcategories), typology of violent offenders, exceptions to Miranda, and the following terms: asphyxiation, gerontophilia, anthropophagy, necrophelia). | | | Types of vandalism, Types of arson, motor vehicle theft (typology), types of larceny, Clayton Act, Securities Act of 1933, Securities Act of 1934, continuum/levels of proof, Burden of proof(elements/who has the burden, etc.), and privilege communications. |
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http://www.hectorwest.org/Hectorsclass.html
(489 words)
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| | FindLaw Constitutional Law Center: U.S. Constitution: Fourth Amendment: Annotations pg. 6 of 6 |
| | Its purpose is to deter--to compel respect for the constitutional guaranty in the only effectively available way--by removing the incentive to disregard it.''198 ''Mapp had as its prime purpose the enforcement of the Fourth Amendment through the inclusion of the exclusionary rule within its rights. | | | That the rule is of constitutional origin Mapp establishes, but this does not necessarily establish that it is immune to statutory revision. | | | Powell, 428 U.S. (1976) (Chief Justice Burger: rule ought to be discarded now, rather than wait for a replacement as he argued earlier); id. at 536 (Justice White: modify rule to admit evidence seized illegally, but in good faith); Schneckloth v. |
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http://supreme.lp.findlaw.com/constitution/amendment04/06.html
(6181 words)
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| | 00.02.04: Search and Seizure |
| | Exclusionary rule- a rule of law providing that in certain circumstances unlawfully seized evidence that is seized in violation of an individual's Fourth Amendment rights against unreasonable searches and seizures-is inadmissible in state or federal criminal trials. | | | Prior to Terry, the rule had been that before a person could be arrested and searched as incident to that arrest, the police had to have probable cause that a person had committed crime. | | | One example of this rule is the probable cause requirement, which provides that an officer must have probable cause to conduct a search without a warrant. |
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http://www.yale.edu/ynhti/curriculum/units/2000/2/00.02.04.x.html
(6181 words)
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| | CJLF: Briefs: Fellers v. United States - Part II (File 3 of 4) |
| | "The core rationale consistently advanced by this Court for extending the exclusionary rule to evidence that is the fruit of unlawful police conduct has been that this admittedly drastic and socially costly course is needed to deter police from violations of constitutional and statutory protections." Nix v. | | | The fruit of the poisonous tree doctrine is an extension of the exclusionary rule. | | | Any application of the fruits doctrine must consider the context of the initial constitutional violation and the derivative evidence under attack. |
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http://www.cjlf.org/briefs/Fellers2.htm
(2548 words)
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| | sg830026.txt |
| | But it is important to be clear about what the Miranda exclusionary rule is designed to deter. | | | We also recognize that the Miranda exclusionary rule is designed to deter abusive police questioning practices, and that it reflects in part the difficulty of determining reliably the voluntariness of statements obtained after prolonged incommunicado police interrogation. | | | Miranda requires that unless a person in custody has been warned of his right to remain silent and his right to counsel and has made a voluntary and intelligent waiver of those rights, any statements he makes in response to interrogation cannot be used against him. |
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http://www.usdoj.gov/osg/briefs/1983/sg830026.txt
(7008 words)
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| | Joint Committee On Human Rights - Minutes of Evidence |
| | Lord Carlile of Berriew: Well, I think that is a matter which can be determined in an individual case in court and that is why I think that the partial exclusionary rule, which we have in the criminal courts as a result of the decision in DPP v Sang mainly, is actually quite practical. | | | Q19 Lord Campbell of Alloway: It is because of that that you have this partial exclusionary judicial rule and you will never get better. | | | Q7 Lord Campbell of Alloway: You referred to this procedure which of course is in a context where the court has access to very sensitive security information and only in that context. |
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http://www.publications.parliament.uk/pa/jt200304/jtselect/jtrights/158/4061602.htm
(4029 words)
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| | Essay Town, Term papers, Vol.66, Pg.6, 050114 |
| | The paper studies criticisms against the exclusionary rule including arguments that by letting criminals get their cases dismissed on technicalities, the exclusionary rule subverts the justice system. | | | It evaluates how the solution to deterrence of crime and the achievement of all round social justice must lie elsewhere and the answer is probably in social reform that eradicates poverty, provides equal opportunity and overall, truly addresses the real definition of justice i.e. | | | It looks at how the argument boils down to dispassionately viewing the objectives behind the institution of capital punishment and whether the practice is, in fact, meeting the objectives ie. |
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http://www.essaytown.net/lib/essay/66_6.html
(4029 words)
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| | No. 01-0065 |
| | If the circuit court ultimately concludes that the good faith exception to the exclusionary rule is inapplicable, the court must issue a suppression order with respect to the March 15 search. | | | In Eason, the court adopted the good faith exception to the exclusionary rule recognized in United States v. | | | Marquardt challenges the application of the automobile exception on two additional grounds: that the exception applies only to vehicles in public places and that the court should consider the ease with which the officers could have obtained a search warrant. |
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http://www.wisbar.org/res/capp/z2001/01-0065.htm
(4029 words)
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| | 'Good Faith' - Police Reliance on Computerized Information |
| | For instance, the first two factors of the "good faith" exception--the historical purpose of the exclusionary rule and the inclination of a group to ignore or subvert the fourth amendment--serve to identify distinctions between the conduct of law enforcement and non-law enforcement personnel. | | | Systemic Deterrent Effect The crucial question the Court must address in considering a "good faith" exception for police is, "Would the likelihood of exclusion have a significant deterrent effect on police personnel responsible for a computer error?" Deterrence is, after all, the ultimate purpose of the exclusionary rule. | | | Evans also argued it would be inappropriate for the court to apply the "good faith" exception in this case because it was police error that invalidated the arrest. |
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http://www.lectlaw.com/files/cjs09.htm
(4029 words)
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