…The criminal goes free, if he must, but it is the law that sets him free. But…there is another consideration- the imperative of judicial integrity. Handout C: Excerpt: Majority Opinion (6-3) Mapp v Ohio (1962) There are those who say … that under our constitutional exclusionary doctrine “ he criminal is to go free because the constable has blundered.” … in some cases this will undoubtedly be the result. Ohio dealt, not with the establishment of the federal exclusionary rule, but with its incorporation to the States through the due process clause of the 14 th Why do you think the court saw the exclusionary rule as necessary to preserving an individual’s right to due process at the state level? Do you think these concerns are fair or over stated?.What are some objections to the use of the Exclusionary rule?.How does the Exclusionary Rule relate to Due Process?.What is the “Exclusionary Rule”? Provide a short definition.Supporters say it ensures liberty and justice, while critics claim it actually threatens those values. The exclusionary rule remains controversial. In so ruling, the Court applied the exclusionary rule to the states. The Court instead overturned her conviction because the evidence against her had been seized without a warrant. When the case reached the Supreme Court, however, the Justices did not address her First Amendment claim. ![]() She based her claim on First Amendment grounds, saying that she had a right to possess the materials. Dollree Mapp was convicted under Ohio law for possessing “lewd, lascivious, or obscene material.” Mapp appealed her conviction. Ohio reached the Court in 1961, it was not initially seen as a Fourth Amendment case. ![]() Cardozo famously objected in 1926, “The criminal is to go free because the constable has blundered.” About thirty-five years later in 1949, the Court declined to apply the exclusionary rule to the states through the Fourteenth Amendment’s Due Process Clause, reasoning that states could use other methods of ensuring due process of law. Among the early critics of the exclusionary rule was Appeals Court Judge Benjamin Cardozo. With this ruling, the Court established the exclusionary rule for federal cases: evidence seized in violation of the Constitution may not be used at trial. In a series of cases, the Court was asked to consider whether criminal defendants’ convictions could stand if illegally-seized evidence was used against them in Court. But what happens when the police do not act within the law and conduct searches without a warrant? The Fourth Amendment does not specify. Ohio (1962) The Fourth Amendment protects individuals from unreasonable searches and seizures and requires two branches of government to agree in order for search warrants to be issued.
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