Essay On Exclusionary Rule

Words: 503

Pages: 3

Open Document

The exclusionary rule prevents the police offers from conducting unnecessary searches and seizures. In addition, any evidence obtained in violation of the Fourth Amendment will be inadmissible in court. The evidence found from the unnecessary searches, or forbidden searches are normally ignored as they are considered unreasonable and are considered to be fruits of the forbidden fruit. In the cases where the police have conducted the unreasonable or forbidden search for the evidence of a crime, such a case is considered to be vague, and it is not subject to judgment. The individuals associated with such a case are also not judged. A good example of the exclusionary rule is the case Mapp v. Ohio in 1961. The police officers went into Dollree’s home without a search warrant and obtained pictures that could have convicted Dolree, but the search was conducted in violation of the fourth amendment because no warrant was acquired. However, the Supreme …show more content…
According to the Bureau of Justice Statistics (2012), only 2 percent out of 1,226 cases were impacted by the exclusionary rule in the state of Montana. However, it is vitally important that the exclusionary rule is in place, because any evidence found was found admissible or relevant before the rule existed and it did not matter how the evidence was seized. At least, the people can now fight it in court and try to prove whether the search and seizure was unlawful. The Supreme Court Case Weeks v. United States was the changing point in acknowledging the conduct of unlawful searches, but only federal. Later, it affected the states such as the Mapp v. Ohio. The exclusionary rule is good have in place because it encourages police officer’s to be cautious when conducting searches (Farlex 2003). All in all, the exclusionary rule infleunces compliance with the rules regarding how the searches are

Essay On Exclusionary Rule

The Exclusionary Rule is a law that prohibits the use of evidence into a trial if such evidence was obtained in a search that violates the United States Constitution. The Exclusionary Rule was put in place to maintain the Fourth Amendment which is one the cornerstones of the Constitution. It protects citizens from unreasonable searches and seizures, sets the framework for the warrant rule, and introduces the concept of probable cause into police procedures The Exclusionary Rule is intended to refrain…

Words 551 - Pages 3

Arguments Against Exclusionary Rule

(I) ‘A majority of the Group is of the view that the current exclusionary rule is too strictly calibrated, and would wish to see a situation develop where the court would have a discretion to admit the evidence or not, having regard to the totality of the circumstances and in particular the rights of the victim’ (Balance in the Criminal Law Review Group, 2007: 161). Discuss the above statement, giving your view as to the opinion expressed. Your argument should be grounded in the case law, legislation…

Words 1498 - Pages 6

Psi 201 Study Guide

you will not have sufficient time to complete the entire exam. Exam Structure: The exam is will consist of eight (8) multiple choice questions (for 16 pts), four (4) ‘fill-in-the-blank’ questions (for 20 pts), and three (3) out of eight (8) short essay questions (for 30pts). It is designed to be finished in 40-45 minutes, giving you time to look over the exam and take a stab at the extra credit (~8pts). Extra Credit: There will be at least 5 extra credit questions, worth a minimum of 8 points…

Words 1068 - Pages 5

Poly Sci Exam 2 Essays

founding fathers believed that our nations laws had to be based on “the laws of nature and of natures gods” Evidence from illegal searches- Exclusionary rule- evidence, no matter how incriminating cant be introduced into trial if it was not constitutionally obtained. In 70s & 80s supreme court became more conservative & many exemptions were made to the exclusionary rule. 2nd amend & private militias- Right to bear arms DOES NOTt include private militias Roe vs Wade & right to privacy- (Privacy)- no explicit…

Words 1483 - Pages 6

Broken Windows Theory

The two topics that I found interesting and decided to write my essay on are (1) the Terry v. Ohio case, which elaborates on the stop and frisk policy and (2) Broken windows theory. Both topics are discussed in Chapters 1, 4, and 6 of Burns. Terry v. Ohio: Stop and Frisk Policy Website Source In Chapter 1: The Police: An Introduction, court case Terry v. Ohio is briefly discussed. This case caused the Supreme Court to reexamine the Fourth Amendment’s protection of unlawful search and seizures…

Words 1192 - Pages 5

Todd: Economics and Wall Street Journal Essay

have a better understanding of what an economist is saying. A common terminology also serves to divide insiders from outsiders. For outsiders, for example economic students, who do not have a clue what these terms mean, economists’ terminology is exclusionary. It makes economists the gatekeepers of economic ideas. Economists’ terminology serves as a barrier to entry, restricting the supply of economists, and increasing the value of the services provided by existing economists. Which of these two reasons…

Words 2837 - Pages 12

How Did Ida B. Wells Play In The Civil Rights Movement?

Ida B. Wells was an important social reformer, and a good part of her work was done in the 1890s during the Gilded Age. This era witnessed marginalized communities intensifying their fight against discrimination and inequality, catalyzing significant legal and societal transformations in the struggle for civil rights. Ida B. Wells worked in the civil rights movement and used her platform as a journalist to advocate for social justice on topics such as lynching and segregation. Wells also played a…

Words 1952 - Pages 8

Difference Between Social Exclusion And Social Inclusion

contested, as, if the social work profession concerns itself with the deviants of society, the client could be at risk from labelling and of being further excluded by the social worker themselves. Sheppard (2006), asserts that social work is, in fact, exclusionary and that social…

Words 2329 - Pages 10

Cultural Tolerance: Key To Accept Cultural Differences

Tolerance: Key to accept Cultural differences Throughout my short life I have been taught by my parents and by society, to respect the differences I can have with other people such as: age, sex, race, beliefs, language, values, etc. But back in my home country, Honduras, I didn’t differ very much from other people. The reality is that I never got to experience big differences with other people until I had the amazing opportunity to live and study in the United States. I had been in the U.S. a couple…

Words 1876 - Pages 8

Essay about Black People and Conditions Decoding Essentialism

proudlyproclaim, 'I am a Negro American.' -Robert Reid-Pharr "CosmopolitanAfrocentricMulattoIntellectual"(52) Adrian Piper's 1992 essay "Passing for White, Passing for Black" recounts her experiences as a self-identified African American woman with "white" skin, and the resultant alienation from both whites and blacks which she has experienced throughout her life. At one point in the essay, she describes what she calls the "Suffering Test of blackness" (236), administered by primarily working-class, darker-skinned…

Words 9559 - Pages 39