Judges' Use of Discretion Is Perhaps Nowhere as Clear as in Their

question 60

Essay

Judges' use of discretion is perhaps nowhere as clear as in their application of the exclusionary rule. Supreme Court decisions such as New York v. Quarles and Nix v. Williams have made it easier to admit evidence that was illegally obtained. As a judge who frequently tries drug cases, the presentation of physical evidence is a crucial part of your decision-making process. What does settled law say about your responsibilities to the collection and use of evidence, and how closely do your own ethics align with those decisions?

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