The exclusionary rule

 

Discuss the exclusionary rule and how it might benefit your client?
How might the fruit of “the fruit of the poisonous tree” apply to the benefit of your client in this scenario?
If the judge denies your request to exclude evidence using both the exclusionary rule and the fruit of the poisonous tree doctrine, how else might the admissibility of this evidence be challenged by your defense team?
If the evidence is excluded using the exclusionary rule are there still potential avenues the prosecution may use to admit this evidence under certain situations?
If you are successful in excluding evidence does that mean the case will necessarily be dismissed? Explain.

 

 

Sample Solution

The exclusionary rule

The exclusionary rule prevents the government from using most evidence gathered in violation of the United States Constitution. The decision in Mapp v. Ohio established that the exclusionary rule applies to evidence gained from an unreasonable search or seizure in violation of the Fourth Amendment. The fruit of the poisonous tree is an extension to the exclusionary rule. The fruit of the poisonous tree doctrine prevents the prosecution from admitting certain evidence into a criminal case after it has been tainted by a primary illegality. This doctrine is meant to remove illegally-acquired evidence from negatively impacting a criminal defendant.

 

 

 

Contrasts Between Tokyo and Kyoto

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japanese mountainIn ongoing decades, the title of one of the most mainstream societies worldwide ought to be certainly given to Japan. A large number of individuals everywhere throughout the world examination the Japanese language, watch dorama (emotional TV arrangement on a wide range of subjects) or movement, peruse and compose haiku, and make friends through correspondence with Japanese individuals. Innumerable individuals purchase tickets and fly to the nation of the rising sun to see its miracles with their own eyes.

Among the most mainstream goals—for the most part in light of the fact that these city names are generally known toward the western open—are Tokyo and Kyoto. What’s more, maybe for an unpracticed explorer, there is: where to go? For the most part, individuals realize that Tokyo is a super city of things to come, and Kyoto has more to do with old culture, conventions, etc. Fundamentally it is valid, and yet, there additionally exist increasingly inconspicuous contrasts one ought to consider while picking their goal point in Japan.

The first of them is costs. Tokyo is costly—as you may anticipate from the capital of the most urbanized nation on the planet (the costs beneath are recorded in Japanese yen: 1 USD around rises to 100 yen). Thus, to snatch some reasonable nibble in Tokyo would cost around 850 yen. Having a full dinner for two individuals in a mid-run café, on the off chance that you travel with your life partner, will cost you 5,230 yen. A single direction ticket on Tokyo transport costs you 190 yen, and leasing one room condo outside of the downtown area costs 77,853 yen (and this is most likely a week after week cost). Simply don’t anticipate that this condo should be large and comfortable; undoubtedly it will be modest, with fundamental utilities, and with no focal warming (really, there is nothing of the sort in Japan by any means—everybody warms their home up all alone). On the off chance that you consider purchasing a condo in Tokyo, overlook it—one square meter of a room outside of the downtown area is around 1 million yen (twofold the cost on the off chance that you need to live nearer to the downtown area).

Kyoto isn’t a lot less expensive. Despite the fact that feasting in a café is less expensive—just 4,000 yen for two people in a mid-go eatery—transportation costs are shockingly higher: 235 yen for a ride (nonetheless, in the event that you need to buy a month to month pass, it is less expensive to do in Kyoto as opposed to in Tokyo: 8,410 yen contrasted with 10,000 yen). In the event that you want to set aside some cash purchasing nourishment in a market, you are right just in points of interest: a few items in Japan cost a great deal of cash regardless of where you get them. For instance, white rice costs 850 yen for 1 kg in Kyoto (453 yen in Tokyo). White bread, tomatoes, chicken bosoms, and particularly cheddar—these are the most costly items both in Kyoto and in Tokyo. Talking about settlement, leasing or purchasing a condo in Kyoto is a lot less expensive: for a one room loft outside of Kyoto’s inside, you should pay 48,000 yen to lease, or 300,000 yen for each square meter on the off chance that you need to get it (Numbeo.com).

Tokyo is incredible to visit in the event that you appreciate rushing about, on the off chance that you need to feel the heartbeat of a uber city, jump into its life, and experience each one of those insane things individuals in the West for the most part tell about Japan. Be set up for the packed metro—and “stuffed” is a delicate method to put it; truth be told, you can take an hour long ride in the tram, and your feet won’t contact the floor, since you will be pressed between others so tight that you can even sleep right now. Kyoto, then again, is acceptable to visit for every one of the individuals who feel propelled by customary Japanese culture: haiku, hanami, court customs, the No theater, etc. In Kyoto, you won’t see stunning high rises, more than 280 metro stations, and the absurdity of the well known Shibuya crossing; rather, get readied for sanctuaries, tea houses, exhibition halls: everything collectible and credible. Be that as it may, in the event that you need innovation, go to Tokyo, and you won’t feel baffled—this city as of now lives later on (Go Overseas).

It is hard to state which city is better for an unpracticed visitor to visit, Tokyo or Kyoto. Kyoto is less expensive, particularly as far as leasing a condo, and is increasingly appropriate for those searching for the old Japanese culture meshed into refined castles made during Heian-jidai. Tokyo, despite what might be expected, is a tremendous city, with insane costs, insane transportation, insane everything. The climates are extraordinary, yet both of the urban communities will make you awed, so on the off chance that you get an opportunity, you should visit them.

References

“Typical cost for basic items Comparison Between Tokyo and Kyoto.” Numbeo. N.p., n.d. Web. 30 Sept. 2015.

“Where to Study Abroad in Japan: Tokyo or Kyoto?” Go Overseas. N.p., n.d. Web. 30 Sept. 2015.

 

 

 

 

 

 

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