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Essay about Analyze the Rationale and Purpose of the Exclusionary Rule

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Analyze the rationale and purpose of the exclusionary rule
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.
There are
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Secondly, Inevitable Discovery Doctrine. With this exception, two modes of seizing evidence are considered but only one is physical. Illegal means are used in the securing of the evidence physically. The other seizure of evidence is hypothetical and is seized illegally.
Good Faith is the last exception. In this case, the magistrate issues a seizure warrant for acquiring evidence. However, this may not be in sync with the role of the exclusionary rule in deterring the police from any misconduct and also the evidence suppression may not occur. The limitation of this exception is that, if the defense can convince the judge that the officer was reckless in seizing the evidence, then the good faith will be nullified.
Cost and benefits of the exclusionary rule
There is a public and governmental cost that is imposed by the exclusionary rule on the public when it frees the guilty and sidetracks the court on its mandate to obtain the truth. The fabric of the law is also tainted. There are professional costs also incurred by individuals within the system of criminal justice. The rigidity of the law causes the concerned parties like the police, magistrates and lawyers to allow double standards in order to proceed with a case. In an effort to conclude a case, they ignore certain violations of this draconian rule so as to allow the use of evidence. When the exclusionary rule is upheld, there administrative costs imposed on the government
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