Analyze The Rationale And Purpose Of The Exclusionary Rule

868 words - 3 pages

Analyze the rationale and purpose of the exclusionary rule
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.
There are three fundamentals of the exclusionary rule. Foremost, an illegal action by an officer of police or an agent of police. Subsequently, evidence of this action by the police and agents of police must be obtained. The last element stipulates that there must be a link between the evidence acquired and the unauthorized action. In case a link cannot be established between the evidence and the illegal action committed in the acquisition of the evidence, then by the doctrine of attenuation, the evidence falls outside the exclusionary rule.
In the event that the defense is convinced that such violation of the 4 amendment rights have been done, a motion may be filed by the defense lawyer, to suppress the evidence. Then the prosecutor will be required to prove that there was no such violation, by a preponderance of the evidence. Failure to prove the case by the prosecution will result in the case-in-chief throwing the evidence out of the case. Nonetheless, during rebuttal when witness credibility is being ascertained, the evidence may be allowed. Besides this, the evidence may used in the civil court and the hearings of the grand jury.
Identify the exceptions to the exclusionary rule.
The exclusionary rule has three exceptions. Independent Source Doctrine is the first exception. With this exception, he evidence is held in two unrelated physical ways; legal and illegal seizures.
Secondly, Inevitable Discovery Doctrine. With this exception, two modes of seizing evidence are considered but only one is physical. Illegal means are used in the securing of the evidence physically. The other seizure of evidence is hypothetical and is seized illegally.
Good Faith is the last exception. In this case, the magistrate issues a seizure warrant for acquiring evidence. However, this may not be in sync with the role of the exclusionary rule in deterring the police...

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