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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Definitions:

Sexual Harassment

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that tends to create a hostile or offensive environment.

EEOC

The Equal Employment Opportunity Commission, a federal agency responsible for enforcing laws against job discrimination.

Linguistic Style

The distinctive way in which an individual uses language, including choices of words, tone, and syntax.

Directness

The quality of being straightforward and clear in communication without any evasion or ambiguity.