The Court has stated in a number of cases that the primary purpose of the exclusionary rule is to deter police misconduct. Discuss the importance of this purpose in cases involving exceptions to the exclusionary rule.

In Ornelas et al. v. United States, the Supreme Court held that the ultimate questions of reasonable suspicion to stop and presence of probable cause to make a warrantless arrest "should be reviewed de novo" (meaning a new, a fresh, or a second time) on appeal. In what ways was this different from what had been happening previously? What reasons did the Court use for the decision? What cautions did the Court advise in the decision?

Answers

Answer 1

The primary purpose of the exclusionary rule is to deter police misconduct in cases involving exceptions to the exclusionary rule. The exclusionary rule prohibits the admission of illegally obtained evidence in criminal trials.

It is designed to protect the Fourth Amendment's protection against unreasonable searches and seizures. The exclusionary rule applies when the government violates an individual's constitutional rights while conducting a search or seizure. The importance of the exclusionary rule in cases involving exceptions is to deter police misconduct.

Exceptions to the rule are when evidence is collected illegally but can be used in court. There are a few exceptions to the rule, which means that illegally obtained evidence can still be admitted in court. This is an issue because it can encourage police to violate the law in search of evidence.

The decision in Ornelas et al. v. United States was different from what had been happening previously in that it held that the ultimate questions of reasonable suspicion to stop and presence of probable cause to make a warrantless arrest "should be reviewed de novo" (meaning a new, a fresh, or a second time) on appeal.

The Court used the reasoning that because the ultimate issue is a question of law, it requires independent appellate review. This is in contrast to the previous practice of only requiring a deferential "clearly erroneous" standard of review. The Court advised caution in applying the de novo standard, stating that the decision should not be interpreted to mean that district court findings of fact are to be reviewed de novo.

Rather, the Court emphasized the importance of the deference owed to a district court's factual findings and made clear that its decision applies only to the ultimate questions of reasonable suspicion and probable cause.

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Related Questions

some crosswalks are not marked at intersections, but can still be used unless there are signs prohibiting pedestrians from crossing.

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The given statement "some crosswalks are not marked at intersections, but can still be used unless there are signs prohibiting pedestrians from crossing" is true as here are not always painted lines that indicate a crosswalk.

Unless there is a sign prohibiting pedestrian crossing, there are crosswalks at all intersection legs. In actuality, most aren't. All crosswalks require drivers to stop for pedestrians, therefore they should be aware of the rules.

At an intersection, a crosswalk is a continuation of the sidewalk, curb, road, or edge of the shoulder for pedestrians. Crosswalks may be designated or undesignated. Any area of the road that is delineated by painted lines, a different texture of concrete, or pavers is considered to be a marked crossing.

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what was the function of textiles in kongo culture?

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Textiles were important in the Kongo culture as they served various functions. They were used for clothing, blankets, and as a form of currency.

Additionally, textiles were used in various ceremonial functions and for decorating homes. The textiles produced by the Kongo people were made from various materials such as bark, plant fibers, and animal skins. They were often decorated with intricate designs that reflected the cultural and social values of the Kongo people.

The production of textiles was a highly skilled craft that was typically performed by women. The techniques used to produce textiles were passed down from generation to generation, and many women gained a great deal of prestige and respect in Kongo society for their skill in this craft. Overall, textiles played a significant role in the cultural and social life of the Kongo people, and they were highly valued for their aesthetic, practical, and economic functions.

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Australia and China have different accounting cultures. For each
of the four accounting values developed by Gray (1988) (i.e.,
Professionalism versus statutory control; uniformity versus
flexibility;

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Certainly! Gray's (1988) framework identifies four accounting values that can vary across different countries or accounting cultures.

These values are:

Professionalism versus Statutory Control: This dimension refers to the degree of influence that professional bodies and individual judgment have in shaping accounting practices versus the extent to which accounting practices are regulated by laws and regulations. In a professionalism-oriented culture, professional judgment and self-regulation are valued, while in a statutory control-oriented culture, there is a greater emphasis on adherence to specific laws and regulations.

Uniformity versus Flexibility: This dimension reflects the degree of standardization and consistency in accounting practices across different entities within a country. In a uniformity-oriented culture, there is a preference for consistent application of accounting rules and regulations, whereas in a flexibility-oriented culture, there is more room for adaptability and discretion in applying accounting standards.

Now, in the context of Australia and China:

Australia generally exhibits a higher degree of professionalism compared to statutory control. The accounting profession in Australia, represented by bodies like CPA Australia and Chartered Accountants Australia and New Zealand, plays a significant role in setting accounting standards and promoting self-regulation. Professional judgment and ethical considerations are valued in Australian accounting practices.

In terms of uniformity versus flexibility, Australia leans more towards flexibility. While there are accounting standards and regulations in place, entities in Australia have some flexibility in their application and interpretation. The adoption of International Financial Reporting Standards (IFRS) further emphasizes the principles-based approach, allowing some discretion in applying accounting rules.

On the other hand, China tends to have a higher emphasis on statutory control in its accounting culture. Accounting practices in China are heavily influenced by laws, regulations, and government oversight. The Ministry of Finance (MOF) in China sets accounting standards and closely monitors compliance. The focus is on ensuring consistency and conformity in financial reporting across entities.

In terms of uniformity versus flexibility, China leans more towards uniformity. There is a strong emphasis on standardized accounting practices and reporting formats. Entities in China are expected to comply with specific accounting rules and regulations, leaving little room for interpretation or flexibility in their application.

It's important to note that these observations reflect general tendencies and there can be variations within each country depending on the specific industry, sector, or organization.

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