Exclusionary Rule Essay example

1751 WordsNov 17, 20108 Pages
Final Paper This paper examines the exclusionary rule. Explains the reasons for the origin of the exclusionary rule. The paper contends that use of the exclusionary rule has enabled guilty criminals to go free and that its original intention has been so distorted that it no longer fulfills its intended function and is instead a tool for protecting the rights of criminals Not only how it came about but, the true meaning as well as the exceptions. There are also a number of cases mentioned throughout the paper that have played some role in the exclusionary. According to the Merriam-Webster Online Dictionary, “A legal rule that bars unlawfully obtained evidence from being used in court proceedings.” The dictionary provides a basic…show more content…
In addition, the exclusionary rule sometimes bars the admission of evidence obtained in violation of any of a defendant's constitutional rights, not simply in violation of a defendant's Fourth Amendment rights (Dix 82). Furthermore, the exclusionary rule also applies to evidence that was discovered as a result of an illegal action, even if that evidence was discovered in a legal manner. That type of evidence is referred to as the fruit of the poisonous tree. There seem to be exceptions to every rule including the exclusionary rule. The Burger and Rehnquist Courts have limited the operation of the rule. The courts created exceptions that allow the prosecutor unlimited use of unconstitutionally seized evidence, even in his or her case in chief at trial. The first exception was announced in the Nix v. Williams case in 1984, allowing the use of unconstitutionally seized evidence, if, hypothetically, the police would have “inevitably discovered” the evidence even if the unconstitutional search had not occurred (Dix 101). Another exception came about in United States v. Leon, allowing the use of evidence that was seized in a search conducted pursuant to an unconstitutionally issued search warrant. In Leon, police officers searched the Burbank, California, home of Alberto A. Leon, and arrested Leon after they found a large quantity of drugs in his possession. The search was executed pursuant to a warrant that was later determined
Open Document