Homework Question on Due Process
- Discuss due process. Give an example
- Discuss the exclusionary rule. Give an example
- What constitutes a legal stop by a police officer?
- Explain the Miranda rule.
- Explain the broken window police, and its effectiveness or infectiveness.
- Explain probable cause.
- Discuss mens rea &Actus Give an example.
- Discuss police discretion
- Explain emotional intelligence
- What affects crime trends?
Homework Answer on Due Process
Discuss due process. Give an example
Due process is a principle in law that guarantees that an individual should go through a fair proceeding and will have the opportunity to be heard before a government takes away life, liberty or property. For example, due process manifests where an individual has been involved in criminal activities either directly or indirectly through corruption necessitated by an individual in a public office. Under due process, such an individual should be treated fairly and should be heard before the state freezes account or repossess part of property belonging to the suspect.
Discuss the exclusionary rule. Give an example
This is a rule that prohibits the government from presenting evidence that was not gathered in the best way especially if an individual’s rights against illegal search and seizure were not honored. It is common in American courts and discourages police offices and other law enforcement agents from obtaining evidence inappropriately. Under this rule, a court is in discretion of suppressing or throwing away evidence that was collected in total disregard to an individual’s rights protected against unlawful search and seizure.
For example, in a case where an individual is stopped by the police for over speeding then the police conducts a search in the car and finds that a cellphone that links the individual to a criminal gang, such evidence will be dishonored under exclusionary rule.