Exclusionary Rule

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The exclusionary rule is the most influential tool in the legal system. The exclusionary rule formally forbid the use of illegally seized evidence by law. If any evidence that could be used against the accused person in a negative person they cannot be used against them in court. The exclusionary rule can be controversial because even if the evidence secured is highly incriminating, such as the weapon that killed the victim(Gaines & Miller 117). According to “NLCATP” there are five pros and cons of having the exclusionary rule in place in the United States criminal justice system. There are three pros of the exclusionary rile: “A powerful tool used to defend the fourth amendment, shifts the burden of proof away from the individual, and stops innocent people from having charges brought on them.” There are two cons of the exclusionary rule: “Not a part of the US constitution and it can result in guilty people going free” (Lombardo). There are three pros of having the exclusionary rule in place in the United States. The first one, is that the exclusionary rule is used to defend the fourth amendment (Lombardo). The fourth amendment is understood to be, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable …show more content…
The first con is that the exclusionary rule is not actually part of the US Constitution. Due to this there are problems with the power and effectiveness of the exclusionary rule. The exclusionary rule in some cases may not be put into place. The second con of the exclusionary rule is the fact that it can intern set a guilty person free. In some cases the exclusionary rule can actually help the accused person go free. Not only can it set the guilty people go free, but also slow down the investigation, which may allow other crimes to take

The Exclusionary Rule

One: The Exclusionary Rule has its origin in the 1914 U.S. Supreme Court, Weeks v. United States, where the Court declared that federal court must exclude any evidence that was attained through an improper search and seizure by the federal law enforcement officers. The Exclusionary Rule, as it is stated, was designed to deter police misconduct from violating a person's constitutional rights, and does serves as a primary remedy for the Fourth Amendment. Alternatives to the Exclusionary Rule includes;…

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Essay On Exclusionary Rule

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…

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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…

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Exclusionary Rule In Dirty Harry

I like how you explained this. It’s very confusing if you ask me though. The exclusionary rule seems to be all over the place. Most people say the exclusionary rule is applied on searches that are done without a warrant. A good example is what occurred in my town a year ago. A man was arrested for heroin, but he stupidly was injecting a needle into him while the window was open. The police conduct walkthroughs in the neighborhood and saw the individual through the window. They had the right to go…

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Exclusionary Rule Advantages

The “Exclusionary Rule” stops the use of evidence from an irrational search or appropriation that violates the fourth amendment. It also prevents the use of most evidence obtained in violation of the U.S. Constitution. Provoked statements that are received in violation of the Fifth Amendment, which provides, "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or…

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Exclusionary Rule Pros And Cons

The Supreme Court established the Exclusionary Rule in order to prevent the collection of evidence that was in violation of the Fourth Amendment. Therefore, the Exclusionary Rule barred illegally obtained evidence from being used to prove guilt while also punishing law enforcement for obtaining such evidence in an illegal manner. Advocates for the rule view it as a constructive remedy that prevents the government benefiting from violations to the Constitution while also protecting the right of the…

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Pros And Cons Of Exclusionary Rule

the warrant. After contemplating the positives and negatives of arrests versus a person’s rights, the judge decided to protect the person’s rights. The judge; therefore, brought up another negative to the exclusionary rule. So, in 1984, the supreme court limited the federal exclusionary rule. Since the Mapp v. Ohio case, there has been…

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Arguments Against Exclusionary Rule

The exclusionary rule is a judge-made rule, adopted by the courts to stop the police from conducting illegal searches and seizures. The constitution merely says the people shall be free from unreasonable searches. It doesn't say what the courts should do once an unreasonable search and seizure has taken place. The courts finally decided on the exclusionary rule, the rule that says that evidence illegally seized may not be used as evidence, as a means of enforcement. "We're sorry" doesn't quite cut…

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Mapp Exclusionary Rule Violations

The exclusionary rule, which holds that evidence that is collected unlawfully and or in a manner that violated the rights of the defendant, was originally applicable only on the federal level. This was after the case known as Weeks v. United States (1914) which created the rule, but only on the federal level. Many of the states rejected this rule up until the rulings after Mapp’s case which enforced the rule down to the state level (FindLaw, n.d.). The gathering…

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Exclusionary Rule Research Paper

” — Justice Joseph P. Bradley The Exclusionary Rule is available to a Defendant in a criminal case as a remedy for illegal searches that violate the rights set forth in the Fourth Amendment. When applicable, the rule dictates that the evidence illegally obtained must be excluded as evidence under the Fourth Amendment. See Mapp v. Ohio, 367 U.S. 643. One important corollary to the Exclusionary Rule is the “fruit of the poisonous tree” doctrine. This rule holds that, in addition to the material…

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