The Exclusionary Rule Essay examples

Arguments are powerful in the United State on the pros and cons of the exclusionary rule. The exclusionary rule is a tool that is used to defend the Fourth Amendment. Is an individual most powerful tool. The exclusionary rule helps ensure the unnecessary search and seizure. Another pros will be shifts the burden of proof away from the individual. There’s a term used that it is powerful when it comes to the exclusionary rule will be “innocent until proven guilty”. They are guilty when you are being

• Fourth Amendment jurisprudence is primarily concentrated in four areas: 1) defining “searches”; 2) the Warrant Requirement, in which warrantless searches are semantically precluded except in specific and tightly constricted situations; 3) the Probable Cause Requirement, whose exclusive provisions are closely associated with the Warrant Requirement’s proscription of police inquiries into same; and, 4) the exclusionary rule, which presumptively excludes any information or evidence gathered in violation of the preceding two (Rickless, 2005).

which stated that when the accused is being tried in a state court, he or she does not have the protection of the exclusionary rule, which protects against illegal search

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 Exclusionary rule requires that any evidence taken into custody be obtained by police using methods that violates an individual constitutional rights must be excluded from use in a criminal prosecution against that individual. This rule is judicially imposed and arose relatively recently in the development of the U.S. legal system. Under the common law, the seizure of evidence by illegal means did not affect its admission in court. Any evidence, however obtained, was admitted as long as it satisfied other evidentiary criteria for admissibility, such as relevance and trustworthiness. The exclusionary rule was developed in 1914 and applied to the case of Weeks v. United States, 232 U.S. 383, and was limited to a prohibition on the use

The Exclusionary Rule is a law passed by the United States Supreme Court. It demands that “any evidence obtained by police using methods that violate a person’s constitutional rights be excluded

Many constitutions all over the world provide basis for innocence until proven guilty. As such, the courts of law must always factor in the provisions of criminal procedure and natural justice when cross-examining offenders. In light of this, the exclusionary rule allows a defendant to argue his case if his privacy rights were violated before arraigned in court. In essence, the provisions of the exclusionary rule prevent the government authorities and machinery such as FBI and CIA from gathering evidence from an individual in a manner that disrespects the United States constitution. Therefore, the exclusionary law protects an individual against unreasonable search or seizure in line with the provisions of the Fourth

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.

In order for the rights listed in the Constitution to have substance, there must be enforceable remedies imposed on the government for violations of those rights. In 1914, the U.S. Supreme Court, in the landmark case of Weeks v. United States,2 introduced the exclusionary rule as a remedy for violations of the Fourth Amendment.3 The Weeks Court felt that the only effective way to enforce the Fourth Amendment right to be secure from unreasonable searches and seizures was to adopt a rule that evidence seized in violation of the Fourth Amendment could not be used by the government against a defendant at trial. The Weeks Court further stated that a court should not sanction illegal government conduct by admitting into evidence the fruits of

The term Exclusionary Rule is a legal designation utilized within the criminal justice system put into effect by U.S. Supreme Court precedent that incriminating information or evidence must be taken in accordance with the Constitutional standings of due process. The Exclusionary Rule is specifically

“The purpose of the exclusionary rule is not to redress the injury to the privacy of the search victim . . . . Instead, the rule's prime purpose is to deter future unlawful police conduct and thereby effectuate the guarantee of the Fourth Amendment against unreasonable searches and seizures” (Estreicher & Weick, 2010, p. 4). They are saying is that the need for the rule is to deter illegal techniques that police use to obtain evidence, not to simply give more rights to the defendant. As Estreicher and Weick pointed out, “all of the cases since Wolf requiring the exclusion of illegal evidence have been base on the necessity for an effective deterrent to illegal police action” (Estreicher & Weick, 2010, p. 4). So instead of looking at the exclusionary rule as the end-all-right that citizens are

You’re right! The exclusionary rule is very important especially in ensuring that the police officers abide by the fourth amendment and conduct legal searches and seizures. The problem is sometimes police officers make bad judgments and try to patch it up by performing illegal actions. In addition, unlawful searches and seizures may lead to death. The Chief Justice makes a good point, because gathering evidence to prove the crime should be the prime goal. I also believe that police misconduct is over exaggerated now days, but I can admit that it still occurs today.

The exclusionary rule is a legal rule that the United States use, which states that the evidence that was forcefully used by the police cannot be used during a criminal trial. The reason why this is done if for the protection of the constitutional rights. In addition, the exclusionary rule states that in the Fifth Amendment nobody “shall be deprived of life, liberty, or property without due process of law.” The exclusionary rule also states that in the Fourth Amendment it is meant to protect citizens from illegal searches and seizures. It also applies to violation of the Sixth Amendment, which guarantees the right to counsel. So whether a person is a United States citizen or an immigrant the exclusionary rule is applied to everyone living inside

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.