Pros And Cons Exclusionary Rule

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1. The Exclusionary rule is one of the most effective ways to revitalize the fourth amendment to the constitution. The reason there are so many arguments in court that abrades its usefulness is because it’s not mentioned anywhere within the constitution. For example, when it comes to civil cases, the exclusionary rule has no power or position. Furthermore, when it comes down to those in deportation hearings, they do not have the exclusionary rule to back them up. In addition, based on the state you reside in laws will change. This will discard the exclusionary rule because it will become difficult in knowing what your rights are. Later down the road, the court created contradictions in regards to the exclusionary rule. For instance, the “good faith” exception which relates to a police officer collecting evidence through a legal search warrant which later proves to be invalid.
2.First off, before we get into whether or not they made the correct decision, his sixth amendment the right to counsel was violated because the police officers enticed him to lead them to the body of his victim. Secondly, Williams 5th amendment right in regards to protection from self-incrimination was violated …show more content…
So you have multiple causes of mistaken eyewitness identification. First, is the field Identification this can be very prejudicial in the nature of the event. Suggestibility can occur along with peer and police pressure. Furthermore, a large probability error can occur when there is no evidence within someone’s presence in an area. Secondly, the individual doesn’t always give accurate statements to what they just seen 24 hours ago. Also, given the age of the witness will play a role in remembering what happen as well. For example, the elderly will have a much more difficult time in recalling an event compared to a middle aged person. Same goes for a child or teen. Seeing that the mind hasn’t fully developed in these adolescents remembering what happen can be something hard for
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