Ask them to assess the claim that the exclusionary rule helps ensure liberty and justice.
Handout A: Due Process defined Due Process: Government must interact with all citizens according to the duly enacted laws, applying these rules equally among all citizens.
The Court instead overturned her conviction because the evidence against her had been seized without a warrant.
In so ruling, the Court applied the exclusionary rule to the states. Supporters say it ensures liberty and justice, while critics claim it actually threatens those values. that under our constitutional exclusionary doctrine “[t] he criminal is to go free because the constable has blundered.” …[And] in some cases this will undoubtedly be the result.
As a class or individually, have your students answer the two review questions. Wrap-up Activity – 5 minutes Directions: Have your students share their responses to the review questions.
Lead them in a class discussion about the exemption rule and its relationship to due process.
Summary: Due process is a fundamental constitutional guarantee of the United States justice system, and a principle discussed recently in the news in relation to several high-profile cases springing from Special Counsel Robert Mueller’s investigation of Russian interference with the 2016 presidential election.
It is a right of the accused that the accuser must adhere to as they seek to prove the guilt or innocence of an aggrieved party.
Nothing can destroy a government more quickly than its failure to observe its own laws, or worse, its disregard of the charter of its own existence.
Our decision, founded on reason and truth, gives to the individual no more than that which the Constitution guarantees him, to the police officer no less than that to which honest law enforcement is entitled, and, to the courts, that judicial integrity so necessary in the true administration of justice.