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...there is notable precedent for clarifying exceptions to the exclusionary eule. Both U.S. v. Leon (1984) and Arizona v. Evans (1995) dealt with exceptions to the exclusionary rule, and in both cases, the holding allowed for these exceptions if law enforcement showed that the mistakes were made in good faith...

Author: By Josh Akman | Title: Procedural Exclusion | 2/6/2009 | See Source »

...accurate, according to the finding in Herring. Here, the court allowed the exception to the exclusionary rule because the officers that arrested eefendant Herring did so based on mistakes made by other law-enforcement officers, not the arresting officers themselves. They acted in good faith based on information they received from colleagues, which happened to be incorrect. Here, it would not be fair to argue that an officer could purposely violate a defendant’s rights and plead negligent, as that would violate the good-faith exception to the exclusionary rule...

Author: By Josh Akman | Title: Procedural Exclusion | 2/6/2009 | See Source »

...closed communities." Former Christian Scientist Rita Swan, executive director of the nonprofit Children's Health Care Is A Legal Duty, estimates that since the 1980s 300 children have died of "religion-based medical neglect" in the United States. Shawn F. Peters, author of the 2007 book When Prayer Fails: Faith Healing, Children, and the Law calls the situation an unfolding tragedy. "Americans treasure religious liberty and it's one of our bedrock freedoms," says Peters. "Most of us realize that there have to be some limits to such freedoms...

Author: /time Magazine | Title: When Parents Call God Instead of the Doctor | 2/5/2009 | See Source »

...Neumanns' highly anticipated trial has sparked new debate in a long-running battle over faith healing in the United States. Under current Wisconsin law, a parent cannot be convicted of child abuse or negligent homicide if they can prove they genuinely believed that calling God, instead of a doctor, was the best option available for their child. The law is part of the legacy of the 1996 Child Abuse Prevention and Treatment Act, which included a landmark exemption for parents who do not seek medical care for their children for religious purposes. While all states give social service authorities...

Author: /time Magazine | Title: When Parents Call God Instead of the Doctor | 2/5/2009 | See Source »

...light of Kara's high-profile case, faith-healing communities around the country are worried about losing their right to treat their children according to their religious beliefs. "The way the law is worded right now is confusing and makes it seem like we have a shield to recklessly endanger children," says Joe Farkas, legislative affairs representative for the Church of Christ, Scientist, in Wisconsin. The Church has teamed up with Wisconsin Democratic Sen. Lena Taylor to write new legislation that could repeal a provision in the state's child abuse and neglect statute that exempts parents from prosecution...

Author: /time Magazine | Title: When Parents Call God Instead of the Doctor | 2/5/2009 | See Source »

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