22 Dec 2022

122

Annotated bibliography on Fourth Amendment and Illegally Obtained Confessions

Format: APA

Academic level: University

Paper type: Research Paper

Words: 704

Pages: 3

Downloads: 0

Carbado, D. W. (2017). From Stopping Black People to Killing Black People: The Fourth Amendment Pathways to Police Violence.  Calif. L. Rev. 105 , 125. 

This article opposes the Fourth Amendment, citing it as an encouragement of racial profiling. The author explains that racial inequality got from worse to worst after the introduction of the Fourth Amendment exposed African Americans to violence of different kinds, because as the author explains, it failed to protect them. 

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Bushle, C. (2021). The Exclusionary Rule, and the Problem with Search and Seizure Law Under the Ohio Constitution. 

University of Cincinnati Law Review

89 (2), 530. 

This article is about the division of the United States on exclusionary laws and the author depict that some states support it while others oppose the law. In the case of Ohio, the laws are against the unwarranted searches and seizures which are termed as a method of illegally obtaining evidence and confessions. 

Gan, Y. (2017, April). Discussion on Regulation of Illegal Evidence Exclusion. In  2017 International Conference on Economics and Management, Education, Humanities and Social Sciences (EMEHSS 2017)  (pp. 422-425). Atlantis Press. 

This article talks about the illegal exertion of evidence and its rules. The author condemns these acts and they give a case study of China on this issue. The article urges the improvement of legislation plan and exclusionary laws. 

Kai, L. (2018). The Reasonable Exclusionary Rule.  Available at SSRN 3185086

The author explores the reasonable side of the exclusionary law according to the Fourth Amendment. The article suggests that it is not right to suppress any evidence no matter how it was obtained, as the police officer did these actions such as searches and seizures with the aim of upholding the law and not to cause violence to the citizens. 

Kerr, O. S. (2017). The effect of legislation on Fourth Amendment protection. 

Michigan Law Review

115 (7), 1117-1165. 

This article explains the differences in the court system caused by the Fourth Amendment and how it is influenced by the privacy legislation. The author suggests that the courts should interpret the Fourth Amendment Separately from the private legislation as the linkage tends to weaken statutory privacy laws. Independence helps the institutions to avoid arbitrary decision making, and promotes clear standards while protecting the benefits of the legislation. 

Kugler, M. B., & Strahilevitz, L. J. (2017). The Myth of Fourth Amendment Scrutiny.  U. Chi. L. Rev. 84 , 1747. 

In this article the article explains how the Fourth Amendment affects cell phone privacy. It constitutes a survey of the United States population before and after the decision. It explains that many scholars believe in the notion that privacy in America is determined by the statements in the Fourth Amendment. 

Ngov, E. L. (2018). Police Ignorance and Mistake of Law Under the Fourth Amendment.  Stan. JCR & CL 14 , 165. 

This article is about the condemnation of police officer who are ignorantly ignore the rules and go ahead to obtain illegal confessions and evidence from witnesses. It promotes the Fourth Amendment and the notions of privacy in the act that should be followed and upheld by the police offices in protecting the citizens. 

Re, R. M. (2018). Fourth Amendment Fairness. 

Michigan Law Review

116 (8), 1409-1463. 

This article is about the interests of the Fourth amendments which are, security information, privacy, and dignity. The author explains the notion against unreasonable seizures, and explains the rules and regulations of searches that are unfair for individuals. The Fourth Amendment is against these unwarranted searches with the aim of upholding moral dignity. 

What Does the Fourth Amendment Mean? . United States Courts. (2020). Retrieved 11 March 2021, from https://www.uscourts.gov/about-federal-courts/educational-resources/about-educational-outreach/activity-resources/what-does-0#:~:text=The%20Constitution%2C%20through%20the%20Fourth,deemed%20unreasonable%20under%20the%20law

The author defines the Fourth Amendment by stating its purpose of protecting the citizens from unwarranted searches and seizures by officers of the law. However, the author explains that this act does not entirely ban searches and seizures by the police but only stands against the unwarranted activities and those that are deemed illegal. 

Yuan, S. (2018). Three Essential Factors in the Effective Implementation of Exclusionary Rules: From the Perspective of Excluding Illegally Obtained Evidence in the Investigation Stage. 

Political Science and Law

, 04. 

This article outlines the important exclusionary rules that have to be followed when obtaining confessions. The author explains that these rules are strict and are expected to be the barrier against forceful extraction of evidence and confessions especially through torture. 

References 

Carbado, D. W. (2017). From Stopping Black People to Killing Black People: The Fourth Amendment Pathways to Police Violence.  Calif. L. Rev. 105 , 125. 

Bushle, C. (2021). The Exclusionary Rule, and the Problem with Search and Seizure Law Under the Ohio Constitution.  University of Cincinnati Law Review 89 (2), 530. 

Gan, Y. (2017, April). Discussion on Regulation of Illegal Evidence Exclusion. In  2017 International Conference on Economics and Management, Education, Humanities and Social Sciences (EMEHSS 2017)  (pp. 422-425). Atlantis Press. 

Kai, L. (2018). The Reasonable Exclusionary Rule.  Available at SSRN 3185086

Kerr, O. S. (2017). The effect of legislation on Fourth Amendment protection.  Michigan Law Review 115 (7), 1117-1165. 

Kugler, M. B., & Strahilevitz, L. J. (2017). The Myth of Fourth Amendment Scrutiny.  U. Chi. L. Rev. 84 , 1747. 

Ngov, E. L. (2018). Police Ignorance and Mistake of Law Under the Fourth Amendment.  Stan. JCR & CL 14 , 165. 

Re, R. M. (2018). Fourth Amendment Fairness.  Michigan Law Review 116 (8), 1409-1463. 

What Does the Fourth Amendment Mean? . United States Courts. (2020). Retrieved 11 March 2021, from https://www.uscourts.gov/about-federal-courts/educational-resources/about-educational-outreach/activity-resources/what-does-0#:~:text=The%20Constitution%2C%20through%20the%20Fourth,deemed%20unreasonable%20under%20the%20law

Yuan, S. (2018). Three Essential Factors in the Effective Implementation of Exclusionary Rules: From the Perspective of Excluding Illegally Obtained Evidence in the Investigation Stage.  Political Science and Law , 04. 

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StudyBounty. (2023, September 15). Annotated bibliography on Fourth Amendment and Illegally Obtained Confessions .
https://studybounty.com/annotated-bibliography-on-fourth-amendment-and-illegally-obtained-confessions-research-paper

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