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How did the constitution influence the criminal justice system?

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How did the constitution influence the criminal justice system?

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  1. The XConstitution influenced the criminal justice system by creating a system of government that is meant to be restricted in favor of protecting  freedom for individual citizens.

    The "Bill of Rights" which were added to the constitution, are the basis for the "Exclusionary Rule" used in determining whether evidence could be used or excluded in a criminal case.  The constitution says that you have a right to be from unreasonable search and seizure, can't be forced to incriminate yourself and have a right to counsel.  If any of those rights are violated, the evidence resulting could be excluded from trial, and a resulting conviction could be tossed.

    However, it's important to realize that the exclusionary rule, while patterned after constitutional protections is not itself part of it - therefore, judges have latitude to convict based on evidence that might have violated the rule (the boundaries are fuzzy and ever evolving) but there was enough independent evidence to get a conviction notwithstanding (harmless error), or where the violation was attenuated from the evidence (eg - cops neglect to mirandize a defendant before taking his statement; under some circumstances, they can Mirandize a defendant, and then interrogate him if he waives).

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