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First, I disagree with Herring’s depiction as “unprecedented.” In fact, 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 »

...plead ‘negligent’ as a cover-up for violations of individuals’ rights in a variety of circumstances…” is not 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...

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

...result of this cautiousness, Ekman often sounds vague, ambiguous, and worst of all, obvious. In distinguishing between “believing-a-lie mistake” and a “disbelieving-the-truth mistake,” he writes, “There is no general rule about which kind of mistake can be most easily avoided. Sometimes the chances of each are about the same, and sometimes one type of mistake is more likely than the other. Again, it depends upon the lie, the liar, and the lie catcher.” For those who are inspired...

Author: By Jenny J. Lee, CRIMSON STAFF WRITER | Title: Ekman Sees Through Lying Eyes | 2/5/2009 | See Source »

...Pretenders is the fourth of José's five Rosales novels, which together span a hundred years of Philippine history from the end of Spanish colonial rule to the declaration of martial law by a besieged Ferdinand Marcos in 1972. José's saga, an outraged testament to the inequalities that wrack Manila and the country at large, is rivaled in his nation's literature only by José Rizal's Noli Me Tangere (1887) and El Filibusterismo (1891), both acknowledged influences on José's writing. In Dusk, the first in the saga and set at the wane...

Author: /time Magazine | Title: Manila Through the Eyes of F. Sionil José | 2/5/2009 | See Source »

...bellwether of the national trend for next year's parliamentary election. And Allawi is hoping to grow his party's share of the vote. "We need to see a departure from sectarianism and the establishment of national institutions for this country, starting from the judiciary, and have, really, the rule of law prevail in Iraq," says Allawi, complaining of corruption and a Shi'ite sectarian bias in the al-Maliki government. But as much as Allawi may see signs of a renaissance in the results, which will be finalized in a couple of weeks, Prime Minister al-Maliki will feel...

Author: /time Magazine | Title: Iraq Vote: Al-Maliki Wins Big, But Secularists Encouraged | 2/5/2009 | See Source »

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