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...

Find Another Essay On Analyze the rationale and purpose of the exclusionary rule

Legal Evolution of the Exclusionary Rule

1901 words - 8 pages International Association of Chiefs of Police recommended modifying the exclusionary rule so that it should only be applied in cases where "willful, flagrant and substantial violations of search and seizure procedures" are present (Klotter, 25) The controversy continued as experts attempted to identify the true purpose of the exclusionary rule. According to some experts, the exclusionary rule within the scope of the Fourth Amendment serves to protect

America Needs the Exclusionary Rule Essay

2155 words - 9 pages safer society. If only things were that simple. There are several objections to the exclusionary rule, and some of them effectively point out the shortcomings thereof. However, none of them separate nor all of them together constitute a valid case for the abolition of the exclusionary rule.      The first objection is a common sense rationale that the function of the exclusionary rule is to let the guilty go free on the grounds that the

Case Study: The Exclusionary Rule

1686 words - 7 pages The Exclusionary Rule PAGE \* MERGEFORMAT 1 Running head: CASE STUDY: THE EXCLUSIONARY RULEThe Exclusionary RuleThe Exclusionary Rule by the Supreme Court of the United StatesAccording to Dempsey and Frost, (2011), although it is not part of the United States (U.S.) Constitution, the exclusionary rule is an interpretation of the Fourteenth Amendment by the U.S. Supreme Court. Simply stated, the purpose of the exclusionary rule is intended to

The Exclusionary Rule Protects You From Illegal Search and Seizure

2494 words - 10 pages meaning, comes from the Exclusionary rule. The Exclusionary Rule was created by the Supreme Court and says that “evidence obtained in violation of the Fourth Amendment’s protection against unreasonable search and seizure could not be used against a person in federal court” (Great American Court Cases 360). The Exclusionary rule is considered just because it protects the people’s constitutional rights from being violated and provides a check on the

The Exclusionary Rule: Redefining the Crminal Justice System

1294 words - 5 pages argument in favor of a criminal conviction while the Judge presiding will evaluate the all aspect of the criminal proceedings. Additionally, judges will ensure that the trial is fair for the defendant by protecting them by evaluating potential frivolous evidence collection practices, interpret the evidentiary value and purpose in which it will define, and remove such incriminating evidence that is subjected to Exclusionary Rule and found to have been

20th Century Supreme Court Case: The Exclusionary Rule

1377 words - 6 pages concerning the knowledge acquired during an unlawful search. The rule prohibits testimony concerning knowledge acquired during an unlawful search. The Exclusionary Rule further prohibits the introduction of derivative evidence, that is the product of the primary evidence, or that is otherwise acquired as an indirect result of the unlawful search.The purpose of the exclusionary rule is to create deterrence for law enforcement officers and other

RATIONALE FOR THE POSITION OF:

904 words - 4 pages The following points are the core of my rationale for the need to have a Program Assistant position in the Financial Aid Office. • Provide consistent and reliable information to students, parents, staff and general public. • Improve fiscal accountability and liability of all financial aid funds. • Improve services to the Omak campus. One of WVC core theme is Support for Learning: The Objective is that WVC’s non-instructional programs and

3 passages in which you analyze the syntax, diction and detail of the writing, and illustrate how that helps convey the purpose and meaning of the novel

2369 words - 9 pages Brave New WorldRhetorical Mode and Purpose?It is better that one should suffer than that many should be corrupted.? Existing under a socially oppressive government, Bernard Marx constantly endures mental distress as a consequence of his unorthodox views. In Brave New World by Adolf Huxley, the primary protagonist struggles to voice his bitterness and disgruntled opinions, but the repressive World State tyrannize the society, and he ultimately

Exclusionary Rule: How, When, and Why Was it Established?

1046 words - 4 pages have been sitting in our jails and prisons were it not for the introduction of the exclusionary rule. 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 from use in a criminal prosecution against that person” (Ferdico, Fradella, and Totten, 2009). Before this rule, under common law, evidence was

Business-to-Business Messages The purpose of this paper is to select and analyze three business to business messages using the communication process

1765 words - 7 pages proposals. Communications are delivered via, e-mail, interoffice mail, and postal services. The purpose of this paper is to select and analyze three business to business messages using the communication process write a business-to-business message that has ABC Company asking to create a working relationship with XYZ Company; and write an unfavorable reply message to ABC Company.Memo Concerning Policy TO: All Employees FROM: Mr. Madd DATE

The Electoral College: Rationale and Process

2331 words - 9 pages , the United States has moved away from the original republicanism rationale experienced by the Founding Fathers. Opponents of the electoral college, such as author Lawrence Longley state, "Today's advancement in communications, computers, and polling computations has permitted our society to accept results the popular vote with confidence" (18). However, the question remains, has the electoral college outlived it original intent and purpose? I

Similar Essays

The Exclusionary Rule Essay

941 words - 4 pages 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

The Exclusionary Rule Essay

804 words - 4 pages 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 by the prosecution for the purpose of proving direct guilt Gardner & Anderson, 2013, pg. 218-219).Police misconduct often leads to evidence that can either be obtained legally

The Effects Of The Exclusionary Rule

694 words - 3 pages The Effects of the Exclusionary Rule In 1787, the Constitution was established in order to set forth and establish the government. Later in 1791 the states called for further Constitutional protections which caused the first 10 amendments to the Constitution known as the Bill of Rights to be established. The Bill of Rights dictated the basic rights afforded to all American citizens. Over the years legal professionals have argued and attempted

The Mapp Exclusionary Rule And Its Limitations

783 words - 4 pages The Mapp Exclusionary Rule Merriam-Webster defines exclusionary rule as “a legal rule that bars unlawfully obtained evidence from being used in court proceedings.” (Merriam-Webster Dictionary) The Mapp Exclusionary Rule protects citizens from unlawful search and seizure by authorities. In order to protect the privacy rights of the public, any evidence obtained for a federal criminal case must be seized in compliance with the law. Federal