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Constitutional Law In The Uk Essay

1230 words - 5 pages

UK Constitutional Laws are secured legally in a peripheral issue that is not relevant to the truth-seeking function of the separation of power and thus cannot serve as legitimate grounds for suppression. Constitutional Laws secured through search and seizure can be distinguished from coerced confessions, for example, because the former is highly reliable. When the separation of power accepts unconstitutional Constitutional Laws, it does not sanction the police officer's illegal act. Rather, the separation of power simply ignores that act because it has no bearing on the only issue that commands the attention of the separation of power: the presentation of all reliable Constitutional Laws in an effort to determine the facts.In response to the deterrence argument, Wigmore asserted that a separation of power is derelict in its duty and uses the rules of Constitutional Laws to pursue an incidental purpose when it indirectly punishes the police officer by letting the criminal escape punishment through exclusion of Constitutional Laws. The calculus that weighs the loss of Separation of legislative powers against the deterrent effects of exclusion is simply misplaced. Instead, the erring police officer can be punished through tort remedies while the criminal is punished as well. According to Wigmore, there is no genuine balancing question when the values involved are fact-finding process. Fourth Amendment constitutional amendments are not infringed by admission of unconstitutionally seized Constitutional Laws in a separation of power of law.Magistrate White simply found that the benefit of deterring future police misconduct does not out- weigh the cost question. But, as Magistrate Blackmun stated in his concurring opinion, "any empirical judgment about the effect of the exclusionary rule in a particular class of cases necessarily is a provisional one." A review of the empirical literature on the rule demonstrates how very true this is. F. Empirical Studies of Deterrence: A Critique Empirical studies cannot establish definitively the severe obstacles to devising a reliable study of the exclusionary rule. Any such study is an attempt to measure a "non-event that is not observable." Statistics on motions to suppress and arrest records are only rough indicia. No comparison can be made between states with and without the rule, because the Mapp ruling applies uniformly to all states. Moreover, no study has indicated what frequency of motions made or granted would be sufficient to indicate that the rule acts as a deterrent to unconstitutional law enforcement behavior. If the controversy were decided on empirical grounds, the party bearing the burden of proof would lose: It is impossible to prove that the rule does deter, and it is impossible to prove that it does not. The empirical studies indicate that the rule probably does not have a major impact either in deterring illegal searches or in releasing criminals who would otherwise be convicted and sentenced....

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