Essay on America Needs the Exclusionary Rule

In the United State we have many systems, like all others, it is separated the use of some irrelevant or untrustworthy evidence. The system that I am referring to and the one that we will be discussing in this paper is the exclusionary rule. It is the introduction of a good evidence, that it is obtained by a bad law enforcement, is most common in the United State than other countries legal system. To put it in other words, the exclusionary rule is controversial. Therefore, many experts say that it sets criminals free on minor points. In this paper, I will speak about the pros and cons of the exclusionary rule, how it is effecting the criminal justice system of the United State. In addition, I will speak and summarize the case of Pennsylvania Board of Probation and Parole v. Scott from 1998, this will be a great example of the exclusionary rule and the effects about them. Furthermore, I will show how this case was important with the Exclusionary Rule, and my opinion on the matter.

They Supreme Court found that alternative 1 and 2 were unacceptable. Alternative 1 did not apply at all to street encounters and that people on the street are then subject to what and who ever any officer felt like. Alternative 2 was not in the best interest of the officer and if the officer could not take any action until they had probable cause their crime control would suffer and they may never see the suspects again.

The criminal justice system used today is to follow principles that protect and establish equality for all and while the United States criminal justice system may strive to follow these right of the people, but unfortunately, this is where the system falls short of fundamental American principles. Repeatedly the criminal justice system does the adverse of what it’s supposed to do. It does not protect the many liberties the people should have. Some may argue that the criminal justice system is indeed fair for

There has always been the thought that police can abuse their power especially when it comes to collection of evidence that could incriminate someone for something that was illegally obtained. The exclusionary rule was put in place to counteract evidence that may have ben illegally obtained to be inadmissible in a court of law with few exceptions to the rule.

According to Encyclopedia Britannica the exclusionary rule, in American law, states that any evidence seized unlawfully by the police is in violation of the Fourth Amendment (The Editors of The Encyclopedia Britannica). The exclusionary rule was created to exclude any evidence obtained during an illegal search to be used in federal and state courts. The principal behind it is to protect the constitutional rights under the Fourth and Fifth Amendment that may be threatened by police misconduct. Also to secure

If the trial judge did not exclude the evidence from the trial, then the Supreme Court must overturn the conviction. In some cases, the accused will be retried without the use of the illegally obtained evidence. In other cases, there will not be a retrial because the illegally obtained evidence was the basis of the prosecution's case. The story of the birth and evolution of the exclusionary rule is complex and demonstrates the unique problems the Supreme Court has had to face when interpreting the Fourth Amendment."

The Fifth Amendment privilege against self-incrimination was made applicable to the states in Malloy v. Hogan, 378 U.S. 1 (1964); the sixth Amendment right to appointed was made applicable to the states in Gideon v. Wainwright, 372 U.S. 335 (1963); and the Eighth Amendment ban against cruel and unusual punishment was made applicable to the states in Robinson v. California, 370 U.S. 660 (1962). The exclusionary rule was designed to deter police misconduct. Generally it does not apply to evidence obtained by private citizens because it would usually have not deterrent effect. Most private citizens are unfamiliar with constitutional rules such s those governing search and seizure, have no reason to learn them, and would not be disciplined for violating them.

The U.S Supreme Court adopted the exclusionary rule to prevent the use of inappropriate behavior and violations of an individual’s rights by government officials through the use of the exclusionary rule. The exclusionary rule protects the rights of the people under the Fourth, Fifth, and Sixth Amendments, and requires evidence obtained directly or indirectly as a result of government violations cannot be used as proof of guilt in a court of law [1]

test, the exclusionary rule, and pertaining to Berger vs. New York, this case examined whether or not evidence obtained by eavesdropping could be used in court. So back to one of my previous thoughts that even if the founder fathers could not view the challenges that the future would bring their amendments, we as a people, through a number of different circumstances, have come up with new parts to apply to the amendments that keep them pertinent in our modern society. Also aside from the exclusionary rule which helps the citizens if evidence is illegally obtained that it cannot be used against them in court, but in the mid 1980s the good faith exception was first instituted. This was created to help the police force or any force in use of a warrant but held an error outside of their control. In short, this helped if the warrant held a mistake but it was not the policemen’s fault so even if evidence was obtained it can still be used in court even with a flawed warrant.

There are equal numbers of supporters of the exclusionary rule as there are opponents of it. The proponents of have many reason to support the exclusionary rule as well as the opponents. Below I will discuss both sides’ arguments for and against the exclusionary rule.

In modern-day America the issue of racial discrimination in the criminal justice system is controversial because there is substantial evidence confirming both individual and systemic biases. While there is reason to believe that there are discriminatory elements at every step of the judicial process, this treatment will investigate and attempt to elucidate such elements in two of the most critical judicial junctures, criminal apprehension and prosecution.

To determine whether or not the admission of evidence is constitutionally permissible can be a very tough decision. There are many laws and regulations that must be adhered to in order for evidence to be admissible to ensure that a defendant’s right are not violated. One of the most important rules that help protect against illegal evidence being admitted into evidence is the Exclusionary rule. This rule helps to ensure that evidence which is admissible into criminal prosecutions are not only relevant and reliable, but have not violated the fourth or fifth amendment due to misconduct. Specifically, the exclusionary rule forbids evidence obtained by violating a defendant’s constitutional rights to be introduced by the prosecution for the purpose of proving direct guilt Gardner & Anderson, 2013, pg. 218-219).Police misconduct often leads to evidence that can either be obtained legally through the use of illegal evidence, evidence that is illegally obtained through violations of other rules, regulations, a defendants rights, or evidence that is obtained illegally but falls under one of the exclusionary rule exceptions such as the plain view doctrine (Gardner & Anderson, 2013, pg. 219-221).

Few in this country would argue with the fact that the United States criminal justice system possesses discrepancies which adversely affect Blacks in this country. Numerous studies and articles have been composed on the many facets in which discrimination, or at least disparity, is obvious. Even whites are forced to admit that statistics indicate that the Black community is disproportionately affected by the American legal system. Controversy arises when the issue of possible causes of, and also solutions to, these variations are discussed. It’s not just black versus white, it is white versus white, and white versus oriental, whatever the case may be, and it is not justice. If we see patterns then the judges should have the authority to say something. Jury nullifications cannot be overturned regardless of the cause. Exclusionary rule, according to CULS (2010) – Prevents the government from using most evidence gathered in violation of U.S. Constitution; like unreasonable search and seizure (Fourth Amendment).

Discrimination is a known concept that happens everywhere, yet police and prosecutors are blind to it. Their ways of preventing crime are discriminatory in every sense of the word and they categorize people based on their skin color and where they reside. The disproportionate minority contact with the stop and frisk method is one of the ways that discrimination can be seen. “Code of the Street” and “Law and Disorder in Philadelphia” help dissect why discrimination is not seen by police and their agencies and also how police officers and their administration go about ways of preventing crime. The pressure within the police, community, and courts create inequalities for the individuals going through the Criminal Justice System.

The exclusionary rule is not in the Constitution because it was made by the court due to the need that presented itself. The intension was to ensure that the 4th Amendment is kept and not violated. Most people are aware of their right to privacy, and how it protects them from unwarranted searches. Nevertheless, most them do not comprehend how the Exclusionary Rule which ensures this right is guarded. The Exclusionary Rule is intended to refrain the police from misconduct. The 4th amendment right protects every citizen from illegal searches and arrests. When the police violates this 4 amendment right, the evidence they have collected will be avoided in the federal court.