This website uses cookies to ensure you have the best experience. Learn more

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 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 of evidence illegally obtain by federal law enforcement officers. Not until 1949, in the caw of Wolf v. Colorado, 38 U.S. 25, 27-28, did the U.S. Supreme Court take the first step toward applying the exclusionary rule to the states by ruling that the Fourth Amendment was applicable to the states through the Due Process Clause of the Fourteenth Amendment which states: the security of one’s privacy against arbitrary intrusion by the police-which is at the core of the Fourth Amendment- is basic to a free society. It is therefore implicit in the “concept of ordered liberty” and as such enforceable against the States through the Due Process Clause.
However, wolf left the enforcement of Fourth Amendment right to the discretion of the individual states and did not specifically require application of the exclusionary rule. That mandate did not come until 1961, in the landmark decision of Mapp v. Ohio, 367 U.S. 643, 655, in which the court said: since the Fourth Amendment’s right of privacy has been declared enforceable against the States through the Due Process clause of the Fourteenth, it is enforceable against them by the same sanction of exclusion as is used against the federal government. With Mapp the exclusionary rule became the principal, or traditional method to deter Fourth Amendment violations. The Supreme Court has selectively incorporated other constitutional guarantees in the Bill of Rights through the Due Process Clause of the Fourteenth Amendment, so these rights apply to the states. The Fifth Amendment privilege against self-incrimination was made applicable to the states in Malloy v. Hogan, 378 U.S. 1 (1964); the sixth Amendment right to appointed was made applicable to the states in Gideon v. Wainwright, 372 U.S. 335 (1963); and the Eighth Amendment ban against cruel and unusual punishment was made applicable to the states in Robinson v. California, 370 U.S. 660 (1962). The exclusionary rule was designed to deter police misconduct. Generally it does not apply to evidence obtained by private citizens because it would usually have not deterrent effect. Most private citizens are unfamiliar with constitutional rules such...

Find Another Essay On The Exclusionary Rule

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

Legal Evolution of the Exclusionary Rule

1901 words - 8 pages constantly growing and developing. New rules and practices are being developed and established. The exclusionary rule is considered to be the most vital to the protection of civil rights. The exclusionary rule is represented by the Fourth Amendment of the Constitution and it guarantees that illegally obtained evidence shall not be used against the accused. The history of the development of the exclusionary rule is one of the most fascinating examples

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

The Exclusionary Rule: Redefining the Crminal Justice System

1294 words - 5 pages Intro Well written procedures, rules, and regulation provide the cornerstone for effectively implementing policies within the criminal justice system. During the investigational process, evidence collected is subjected to policies such as Search and Seizure, yet, scrutinized by the Exclusionary Rule prior to the judicial proceeding. Concurrent with criminal justice theories, evidence collected must be constitutionally protected, obtained in a

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

20th Century Supreme Court Case: The Exclusionary Rule

1377 words - 6 pages One of the most controversial and historical rulings that the United StatesSupreme Court has handed down was in 1961 Mapp v. Ohio ruling that extended "The Exclusionary Rule" to the States. Through the years, strong arguments for support, as well as for the criticism of this landmark decision have been made. Regardless of which side of the argument one finds their self, it is agreed that this decision has changed American justice and law

Exclusionary Rule

1365 words - 5 pages The Exclusionary RuleOne of the most controversial and historical rulings that the United StatesSupreme Court has handed down was in 1961 Mapp v. Ohio ruling that extended "The Exclusionary Rule" to the States. Through the years, strong arguments for support, as well as for the criticism of this landmark decision have been made. Regardless of which side of the argument one finds their self, it is agreed that this decision has changed American

Exclusionary Rule Week Two

645 words - 3 pages Exclusionary Rule PAGE 1 Exclusionary Rule Week TwoShannon CollinsCJA/353 - Exclusionary Rule Week TwoThe question that is required for me to give consideration too is; "Should the exclusionary rule be abolished?" Before giving my debate that is set in front of me, I would first define what I believe it means."The exclusionary rule often means the rule that illegally gathered evidence may not be used in a criminal trial. The rule has several

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

Balancing 4th Amendment Rights

664 words - 3 pages This paper discusses the balance between community interests and an individual’s rights as protected under the fourth amendment to the U.S. Constitution. Specifically it discusses the Exclusionary Rule to the fourth amendment in the Supreme Court’s ruling on Mapp v. Ohio. The fourth amendment protects “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be

Criminal Justice and Leading U.S. Supreme Court Cases, Annotated Bibliography

1143 words - 5 pages key terms and definitions. Grant, H.B. and Terry, K.J. 2008: Law Enforcement in the 21st Century. (2nd ed.). Upper Saddle, River, NJ. Pearson/Prentice Hall. Law Enforcement in the 21st Century gives an extensive view of law enforcement practices at all levels and the limitations within the scope of their practice. It also explains the Exclusionary Rule. Schmalleger, F. (2009). Criminal Justice Today, 10th ed. Upper Saddle River, NJ Pearson

Similar Essays

The Exclusionary Rule Essay

804 words - 4 pages To determine whether or not the admission of evidence is constitutionally permissible can be a very tough decision. There are many laws and regulations that must be adhered to in order for evidence to be 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

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

America Needs The Exclusionary Rule Essay

2155 words - 9 pages The proposition that the exclusionary rule should be abolished is preposterous. There are few rules that are as useful in protecting the rights of the general public. Unfortunately, there are many who believe, for a number of reasons, that the exclusionary rule does more harm than good, and that American society suffers needlessly for the sake of protecting the rights of those who violate its laws. Opponents of the exclusionary rule perceive

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