LAW Essay Example | Topics and Well Written Essays - 1500 words - 1

LAW - Essay Example In fact, the exclusionary rule was found to be necessary to protect the rights guaranteed to Citizens under Fourth Amendment. The exclusionary rule is a legal principle holding that evidence/ witness collected or analyzed which is against U.S. Constitution is inadmissible for a criminal prosecution in a court of law . It aims at preventing misconduct on the part of police. Before the precedent was set in Weeks v. United States, 232 U.S. 383 (1914), courts used to admit all evidences irrespective of their relevance / legality. Until the decision in Mapp V.Ohio (367 U.S. 643 (1961) ,the rule was applicable at the Federal level only. After this case, the exclusionary rule was also held to be binding on the states through the Fourteenth Amendment, which guarantees due process. The Exclusionary Rule applies to all citizens or aliens who reside within the United States. It does not applicable to aliens residing outside of U.S. borders. In United States v. Alvarez ,the U.S. Supreme Court decided that property owned by aliens in a foreign country is admissible in court. Prisoners, probationers, parolees, and persons crossing U.S. borders. Corporations, have limited rights under Fourth Amendment. in 1984. If evidence is collected through independent source and disqualified and later the same evidence was collected through warrant ,that is admissible. The independent source exception allows evidence to be admitted in court if knowledge of the evidence is gained from a separate, or independent, source that is completely legal. This rule was accepted in People v. Arnau. 2. Inevitable discovery doctrine: This matter was discussed in Nix vs. Williams, in 1984. This doctrine states that if evidence is seized in two ways and if one of the evidences is seized physically through illegal means, and there was also a hypothetical evidence of seizure, that hypothetical evidence can be admitted. The doctrine

Japan and the Pacific Rim Essay Example | Topics and Well Written Essays - 500 words

Japan and the Pacific Rim - Essay Example Overall, Japan is considered a good place to do business because of its relatively stable economy and friendly local people. The Japanese economy has now slipped behind China in terms of GDP, although it is still considered a large economic force within Asia and the world as a whole. China is a strange case because their governmental systems and economic choices do not necessarily match up. The Chinese government is very strictly Communist, although over the last couple of decades, the ruling party has seen the need to bring about capitalist reform in order to propel China to become an economic superpower. Today, China has a great deal of political clout in such organizations as the United Nations because of its tremendous size. Other countries have picked up on this and realize how important trade can be with China. As such, many countries choose not to go against many Chinese economic decisions. China was not always the way it is today though. After China fell to the Communists in 1949, Mao Zedong led China through an era that ultimately proved unsuccessful. Millions of people died of starvation through China’s eccentric Communist policies. It took a long time for those in power in China to realize that capitalism may be a better option for a number of reasons. Korea used to be unified as one country; however, due to the Korean War in the early 1950’s, there is the Communist-backed North and the Democratic South. The economic differences between these two neighbors are vast and it can be put down to the difference between Communism and capitalism. The North Korean government is extremely secretive and rarely releases information to the outside world. On the other hand, South Korea can be considered as one of the success stories of Asia. In the late 1950’s, after the end of the Korean War, South Korea’s literacy rate was extremely high in conjunction with a very low average GDP per capita. It took a vast amount of modernization and new technology