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
SUPPORT FOR THE EXCLUSIONARY RULE First, supporters for the continued use of the exclusionary rule maintain that its ability to protect a citizen from unreasonable search and seizures should not be neglected. By protecting individuals from unreasonable search and seizures, this law serves to uphold a citizen’s privacy and basic constitutional rights. For example, if a law enforcement officer enters a house to search for a suspect without a warrant, any evidence obtained through that search which
ARGUMENTS IN SUPPORT OF THE EXCLUSIONARY RULE Among the arguments in support of the exclusionary rule4 by its proponents are the following: 1. It deters violations of constitutional rights by police and prosecutors. A number of studies and testimonies by police officers support this contention. 2. It manifests society’s refusal to convict lawbreakers by relying on official lawlessness—a clear demonstration of our commitment to the rule of law that states that no person, not even a law enforcement
The Evolution of the Exclusionary Rule A Historical Analysis And How It Stand Today April Herald Criminal Justice Abstract From historical analysis, this work highlights key cases that have influenced the evolution of the Exclusionary rule and where it stands today. The purpose of this paper is to inform people of the importance of our constitutional rights, especially the fourth amendment when concerning a criminal prosecution. The exclusionary rule is set in place to ensure justice be
Before discussing Packer’s models of the criminal process, Packer spends quite a bit of time discussing how people view punishment. This is important because he uses their views as a pretext to how he developed his own models. Packer explains that when a person commits a crime they do their best to try to not get apprehended in fear of the repercussions. Punishment in the eyes of the criminal is horrid and if they are caught they use every option available to avoid prison time. Being convicted
mes Paul Dr. Graybill English 101 29, November, 2015 Zero Tolerance Policies: Zero Tolerance, Zero Education The school to prison pipeline is a growing issue in schools around the world today. The school to prison pipeline is becoming larger and larger each year due to the zero tolerance policies held by many schools. Zero tolerance policies have been proven to be very ineffective in bad schools who use them as a way to get rid of disruptive students. Alongside with being proven ineffective the zero
The constitution has been the back bone of the United States legal system since it was first written and signed by our founding fathers. This document has been the topic of many heat debates and has gone through many changes and interpretations throughout the years. The forth amendment of the constitution is one of the most debated amendments. This is the amendment that covers the area of search and seizure as well as privacy. The fourth amendment states, "The right of the people to be secure in
Ames is sentenced to death even though he did not kill anyone. Shelton feels betrayed by Rice and feels as though justice had not been served; although, Rice claims they would have lost anyway due to forensic evidence being dismissed via the exclusionary rule. Ten years later, Ames is in the process of being executed via lethal injection when something goes wrong. This is the first in a series of brutal murders committed by Shelton in an attempt to bring justice to his deceased family and to the injustice
the 1990’s as an approach towards drug enforcement to address the rampant use, possession and sales of drugs in schools (Jones, 2013). Today, this policy is used to mandate the application of pre-determined consequences of violation of stated rules. These rules may pertain to a number of issues; drugs, bullying, theft, and corporal punishment. This report will review and explore the various uses of the zero tolerance plan and its applications throughout schools in American society. There will be
Eric P. Levy claims that Hamlet’s decision of whether he should live or commit suicide reflects exclusion—to be one thing or another—and uncertainty, which is to be unsure of a decision. Levy states that Hamlet’s mind “considers life in terms of exclusionary options”(105). Hamlet sees two choices: one he must choose and one he must leave behind. Since Hamlet