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CRIMINAL LAW AND PROCEDURE PRACTICE TEST 2024 WITH ANS LATEST VERSION
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1. Give three arguments in favor of the exclusionary rule as it currently stands, and three arguments against it. Then explain your position on the issue, supporting it with logical examples • The exclusionary rule ensures that immediate action is undertaken when a probable cause becomes establi...

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  • May 8, 2024
  • 12
  • 2023/2024
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CRIMINAL LAW AND PROCEDURE PRACTICE
TEST 2024 WITH ANS LATEST VERSION
1. Give three arguments in favor of the exclusionary rule as it currently stands, and three

arguments against it. Then explain your position on the issue, supporting it with logical

examples

 The exclusionary rule ensures that immediate action is undertaken when a probable cause

becomes established.

 The exclusionary rule is vital for law enforcement behavioral compliance while ensuring

collected evidence integrity.

 The exclusionary rule prohibits constitutional violations associated with search and

seizures.

 The exclusionary rule may inadvertently dismiss admissible evidence.

 The exclusionary rule may prohibit the only physical or biological evidence linked to the

perpetrator.

 The exclusionary rule may result in a dismissal of dangerous individuals and should be

constitutionally evaluated to apply to today’s criminal behaviors.

2. The exclusionary rule was fashioned to deter police misconduct. The Supreme Court has

refused to implement it to cases where the misconduct was not by the police. Should the

exclusionary rule be extended to other public officers besides the police? Why or why not? If

so, to what other public officers should the rule apply?

 Yes, the exclusionary rule should extend to all individuals’ title color of the state. Public

officers that become aware of behavioral accountabilities tend to apply ethical and moral

decisions.

3. What was the effect of Mapp v. Ohio upon the criminal justice system?

, CRIMINAL LAW AND PROCEDURE PRACTICE
TEST 2024 WITH ANS LATEST VERSION
 Mapp v. Ohio (2017)1 established search, and seizure guidelines are making it illegal for

prosecutors to introduce evidence that becomes collected without search and seizure

warrants, violations of fourth amendment rights as well as interpreting constitutional

protections of unreasonable search and seizure associated with the 21st century.

4. The Court has held that probable cause is necessary for a station house detention

accompanied by interrogation as opposed to just fingerprinting even if no expressed arrest is

made. Do you agree with this holding Support your position?

 As long as probable cause established and the interrogation accompanied by Miranda

warnings, and agreeing with the statutory procedure would be acceptable. However, if no

expressed arrest made, there can be no Miranda warning administered. Thus, no probable

cause would exist warranting the interrogation process.

5. Stops based on race alone are not valid, but there is disagreement whether race can be taken

as one factor in determining reasonable suspicion for a stop. Under what circumstances

should race be allowed as one factor in determining reasonable suspicion for a stop. Give an

example to support your conclusion.

 The only situation I see that warrants utilizing race as a basis of reasonable suspicion

would be in a community that only has one cultural background. For example, it would

be hard to claim discrimination if a white officer stopped the black man in an entirely

black community. Same goes for Hispanic communities, Portuguese communities, and

the Oriental communities so forth and so on.




1
Mapp v. Ohio, LII / Legal Information Institute, https://www.law.cornell.edu/supremecourt/text/367/643 (last
visited Feb 21, 2017).

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