Exclusionary Rule Essay

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  • The Exclusionary Rule And The Rule

    1512 Words  | 7 Pages

    RESEARCH PAPER: THE EXCLUSIONARY RULE The Exclusionary Rule Fourth Amendment Yaritza Santana 10/2/2014 This paper is strictly focused and based on the true events, Supreme Court cases that led to the exclusionary 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

  • The Exclusionary Rule

    622 Words  | 3 Pages

    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

  • Exclusionary Rule : The Rule

    889 Words  | 4 Pages

    Exclusionary Rule 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] The U. S. Const. amend. IV

  • Exclusionary Rule

    482 Words  | 2 Pages

    Court Case that was a critical moment in our nation's history. It changed our the Criminal Justice System, and provided us the exclusionary rule, which changed the way a criminal going through prosecution is performed. One of many important rulings that was adopted by the courts that prevented police officers from conducting illegal search and seizure was the exclusionary rule. Until this decision, the rights against illegal search and seizure had no method to be enforced on officers. Before Mapp v

  • The Constitution : The Exclusionary Rule

    1893 Words  | 8 Pages

    Constitution: The Exclusionary Rule Austin Cole Renslow Mountain View High School   Abstract The exclusionary rule protects evidence that was found through unconstitutional methods from being used. The Fourth Amendment is a part of the Bill of Rights and it was a focal point to protect their citizens due to the British abusing their powers and trespassing during the 1700s. It is currently a heated topic of discussion in society due to the San Bernardino shooting. The exclusionary rule is involved

  • Exclusionary Rule And The Rule Of Law

    1385 Words  | 6 Pages

    Exclusionary Rule 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

  • Essay On Exclusionary Rule

    860 Words  | 4 Pages

    The Exclusionary Rule The Constitution is the most important document in America's history. However, it does create much controversy because of its context. The Fourth Amendment is just one of the many parts of the document causing contention within the country. The Fourth Amendment states, the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause

  • Pros And Cons Of Exclusionary Rule

    897 Words  | 4 Pages

    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

  • History Of The Exclusionary Rule

    290 Words  | 2 Pages

    penalty for improperly search and seizure that the evidence is obtain will be excluded from the court case, better known as the exclusionary rule. Between the dawn and the intermediate of the 20th century, the exclusionary rule obstruct illegal seized evidence from the federal courts, all of sudden, in 1961 the well-known case that revolves around the exclusionary rule, Mapp v. Ohio, was applied to state courts and as a result, federal supervision under states’ search and seizure guideline

  • Exceptions To The Exclusionary Rule

    1339 Words  | 6 Pages

    Grounded in the Fourth Amendment is the Exclusionary Rule that bars illegally seized evidence. However, modifications or exceptions to the Rule allow, once considered illegally seized evidence, to be now allow in a court. These exceptions have been met with controversy or repudiation, but are crucial to the criminal justice system to protect individual’s constitutional rights and prosecute the guilty. These exceptions include the plain view doctrine, independent source doctrine, inevitable discovery