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Qu'est-ce (qui) est exclusionary - définition

U.S. RULE AGAINST EVIDENCE THAT CAME THROUGH A GOVERNMENT VIOLATION OF THE DEFENDANT'S CONSTITUTIONAL RIGHTS

Exclusionary Rule; Exclusionary principle

exclusionary

Something that is exclusionary excludes a particular person or group of people. (FORMAL)

...exclusionary business practices.

ADJ

Exclusionary

·adj Tending to exclude; causing exclusion; exclusive.

exclusionary rule

n. the rule that evidence secured by illegal means and in bad faith cannot be introduced in a criminal trial. The technical term is that it is "excluded" upon a motion to suppress made by the lawyer for the accused. It is based on the constitutional requirement that ":no [person] can be deprived of life, liberty, or property, without due process of law" (Fifth Amendment to the Constitution, applied to the states by 14th Amendment). A technical error in a search warrant made in good faith will not cause exclusion of the evidence obtained under that warrant. In 1995 the U. S. Supreme Court ruled that evidence obtained with a warrant that had been cancelled could be admitted if the law enforcement officer believed it was still in force. However, evidence which was uncovered as a result of obtaining other evidence illegally will be excluded, under the "fruit of the poisonous tree doctrine." Thus, if an illegal wire tap reveals the location of other evidence, both the transcript of the wire tap conversation and the evidence to which the listeners were directed will be excluded. See also: due process of law fruit of the poisonous tree motion to suppress

Wikipédia

Exclusionary rule

In the United States, the exclusionary rule is a legal rule, based on constitutional law, that prevents evidence collected or analyzed in violation of the defendant's constitutional rights from being used in a court of law. This may be considered an example of a prophylactic rule formulated by the judiciary in order to protect a constitutional right. The exclusionary rule may also, in some circumstances at least, be considered to follow directly from the constitutional language, such as the Fifth Amendment's command that no person "shall be compelled in any criminal case to be a witness against himself" and that no person "shall be deprived of life, liberty or property without due process of law."

The exclusionary rule is grounded in the Fourth Amendment in the Bill of Rights, and it is intended to protect citizens from illegal searches and seizures. The exclusionary rule is also designed to provide a remedy and disincentive for criminal prosecution from prosecutors and police who illegally gather evidence in violation of the Fifth Amendment and its protection against self-incrimination. The exclusionary rule also protects against violations of the Sixth Amendment, which guarantees the right to counsel.

Most states also have their own exclusionary remedies for illegally obtained evidence under their state constitutions and/or statutes, some of which predate the federal constitutional guarantees against unlawful searches and seizures and compelled self-incrimination.

This rule is occasionally referred to as a legal technicality because it allows defendants a defense that does not address whether the crime was actually committed. In this respect, it is similar to the explicit rule in the Fifth Amendment protecting people from double jeopardy. In strict cases, when an illegal action is used by police/prosecution to gain any incriminating result, all evidence whose recovery stemmed from the illegal action—this evidence is known as "fruit of the poisonous tree"—can be thrown out from a jury (or be grounds for a mistrial if too much information has been irrevocably revealed).

The exclusionary rule applies to all persons within the United States regardless of whether they are citizens, immigrants (legal or illegal), or visitors.

https://en.wikipedia.org/wiki/Exclusionary rule

Exemples du corpus de texte pour exclusionary

1. On what grounds do they insist upon the traditional, arbitrary and exclusionary number of two?

2. But Roberts wrote that the judicially created exclusionary rule did not provide that such evidence be automatically kept from juries.

3. But when it‘s not ideological or exclusionary, it can be a fine option, like any magnet–school theme, he says.

4. "We support an exclusionary clause that would prohibit human rights violators from serving on the Council, barring countries under U.N.

5. Almost universally, they view Morales‘s efforts to elevate indigenous culture within Bolivia as divisive and racially exclusionary.