Exclusionary rule evaluation essay

Annotations Development of the Exclusionary Rule.

Exclusionary rule evaluation essay

Police The exclusionary rule exempts some evidence even when the seizure or location of the evidence may violate the Fourth Amendment. The rule also provides some benefits and detriments for members of the criminal justice system when gathering evidence or prosecuting offenders.

However, the exclusionary rule is an important doctrine to members of the criminal justice system demonstrating a means to introduce evidence in the furtherance of justice. We will write a custom essay sample on Exclusionary Rule Evaluation or any similar topic specifically for you Do Not Waste HIRE WRITER The exclusionary rule prevents evidence obtained by the criminal justice system in violation of the Fourth Amendment guarantee against unreasonable search or seizure is not allowable to prove the guilt of an accused person in a criminal prosecution.

However, the primary purpose of the rule is to deter police misconduct by preventing the gathering of evidence in violation of the Fourth Amendment Del Carmen, The rule also strengthens the protections offered by the Fourth Amendment by allowing defendants a means to object to illegally obtained evidence.

The rule originally applied to federal courts only. Ohio incorporated the inclusion of state courts for using the exclusionary rule from the Fourteenth Amendment to include the protections of the Fourth Amendment thereby requiring the state courts to provide the protections of the Bill of Rights to defendants.

Criminal Law Foundations Evaluation Name Institution Date due Criminal Law Foundations Evaluation In the United States, the Constitution is the highest law, the other laws that are used come from the Amendments and the Constitution. Exclusionary Rule Evaluation Criminal Procedure/CJA University of Phoenix Exclusionary Rule Evaluation The exclusionary rule is an important doctrine supporting the ideals of the Fourth Amendment of the United States Constitution. Exclusionary Rule Evaluation In this evaluation we will be discussing the exclusionary rule in every aspect there is to look at this rule. We will be analyzing the rationale and the purpose, identifying and telling the exceptions, and examine the cost and benefit and last but least the remedies.

This inclusion of state courts ensures defendants receive the same protections from tainted evidence or police misconduct Del Carmen, These exceptions include good faith errors, independent sources, inevitable discovery, and the purged taint exception.

A defective search warrant may taint the collected evidence; however, law enforcement officers acting under good faith a search warrant is valid may present the tainted evidence at trial because the initial error lies with the judge approving the probable cause for the warrant Del Carmen, The independent source exception allows the introduction of evidence obtained via the direct result of an illegal search or seizure if the connection between the illegal police conduct and the seizure of the evidence dissipates the taint of illegality.

If the police possess an independent source used to obtain entry on a search and discover contraband based on the source in an illegal manner, then the seizure of the evidence is admissible regardless of the illegal entry or search Del Carmen, The basis for the decision was the concurrent search for evidence by volunteers in the same area as the defendant indicated after the prodding by the officer.

In Wong Sun v. United Statesthe Supreme Court held the confession of Sun was admissible because Sun voluntarily returned to a police station and confessed to a crime after a previous illegal search by police officers. The voluntary return and confession purged the taint from an illegal search making the confession admissible as evidence Del Carmen, The exclusionary rule offers a few benefits for the criminal justice system.

The rule deters law enforcement from violating the rights of citizens when gathering evidence. The rule also reinforces the due process clause of the Fourteenth Amendment as it prevents members of the criminal justice system from ignoring the guarantees of the due process laws.

This prevention of police abuse and recognition of due process laws allows the individuals of society to be secure in their freedoms Del Carmen, The exclusionary rule also offers a major detriment according to opponents.

Members of the criminal justice system who make errors in searching or seizing a person or property may create a loophole for an offender to escape prosecution.

Fourth Amendment Rights

There are several alternatives available in lieu of the exclusionary rule. However, they seldom see use. Individuals may sue officers and their departments for damages related to the rights violations. An illegal search or seizure may be criminally actionable resulting in the prosecution of an officer for abuse of office.

While a damage remedy or incarceration may be more effectual, the Supreme Court emphasizes the exclusion of evidence from illegal searches or seizures as a more effective enforcement of the exclusionary rule Del Carmen, The exclusionary rule is an important aspect of the American criminal justice system and should be continued.

It provides exceptions to potential mistakes members of the criminal justice system may make under good faith. Even though there are other alternatives to the exclusionary rule, the rule provides enhanced protections for citizens while allowing exclusions to prevent some criminal cases from ever receiving a day in court.· American courts use the exclusionary rule to deter Intertextuality in ang lees lust caution police Arco gre answers to the real essay questions officers and other government agents from abusing constitutional rights.

The decision in Mapp v · Define exclusionary rule. Mesa Law Firm. CJA week 2 Exclusionary Rule Evaluation. a to 1, – word paper in which you analyze the rationale and purpose of the Exclusionary Rule, as well your essay consistent with APA guidelines. Use the order calculator below and get started!

Contact . Historically, the Exclusionary Rule serves as a remedy for understanding how evidence is obtained and could be inadmissible if illegal tactics were taken to gather the evidence. This essay will present a detailed evaluation of the Exclusionary Rule entailing values and rationale including four fundamental exceptions to the exclusionary rule.

The exclusionary rule exempts some evidence even when the seizure or location of the evidence may violate the Fourth Amendment. The rule also provides some benefits and detriments for members of the criminal justice system when gathering evidence or prosecuting offenders. THE EXCLUSIONARY RULE EVALUATION 2 This paper will analyze the rationale and purpose of the exclusionary rule and identify exceptions to the exclusionary rule.

In my analysis, I will state the costs and benefits of the exclusionary rule, as well as alternative remedies to the rule and state my position on the exclusionary rule and prove support for my position%(22).

I am a proponent of the view that the rule is constitutionally based and is an individual remedy for the violation of that person’s Fourth Amendment rights.

Both sides of the exclusionary rule debate regarding whether it is a mere tool to enforce deterrence or whether it is an individual right.

Exclusionary rule evaluation essay
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