Unit 6, Four Law Questions Article Example | Topics and Well Written Essays - 250 words

Unit 6, Four Law Questions - Article Example The Exclusionary Rule interrogates whether these rights were violated while finding evidence. 2) To disallow a search which no judge allowed in the first place: A search warrant must be authorized by a judge. 3) To deter the police: The Exclusionary Rule helps to deter police from using unconstitutional methods to obtain evidence. Elements Of Subjective Test: The defendant’s state of mind. If this is questionable, the evidence may be rendered inadmissible. 2) The willingness of the defendant to participate in the crime must also be adequately proven by the prosecution. Objective Test: Looks at whether the defendant committed the crime due to pressure from government agents or whether government agents persuaded the person into committing the crime. It also explores the possibility of the person not being ready and willing to commit the crime until such a time when the governments agents interacted (Samaha, 2011).. Four Tasks for the judge: 1) Presiding over the hearing and ensuring that that order is maintained. 2) Determine the legality or otherwise of any evidence presented 3) The judge issues instructions before any deliberations begin and cites the law relevant to the case and the standards it must meet. Finally, in case of bench trials, the judge scrutinizes the facts and decides on the way forward for the case. Preliminary Hearings and Grand Jury Review: Basically, a preliminary hearing is taken as an adversarial hearing. On the other hand, a grand jury is a private proceeding that listens to the case of the prosecution without the participation of the defense. Preliminary hearings are also presided over by the judge while the grand jury managed by the