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Acceptance And Complications Of The Exclusionary Rule

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The term paper will circulate around the Exclusionary Rule’s purpose, applications, limitations, and complications alongside with landmark cases pertaining to each component. The Exclusionary Rule is a legal principle stating that evidence obtained in violation of a person's Constitutional rights, such as the Fourth Amendment's protection against unreasonable searches and seizures, may not be used against them in court. This is significant in understanding how the Supreme Court utilizes the U.S Constitution to infer the writer’s intention as to what should be permissible today. The purpose portion of the essay will examine why the rule was formally integrated in American law, and how judges can use it to infer what the writers of the Constitution …show more content…

Complications of the Exclusionary rule include cases in which the Exclusionary Rule cannot be applied to, in light of certain special circumstances. One example of complications is the “Good Faith” exceptions in which honest mistakes were made in the seizure of evidence, therefore, making them admissible. The complications portion of the essay will also cover the arguments against the Exclusionary rule, as it complicates police procedures, integrity, and liability. The real world cases portion will focus on significant cases where the Exclusionary Rule was related to. The purpose of the Exclusionary Rule is to prevent law enforcement from violating the individual rights of citizens and misconduct. By allowing evidence to become inadmissible under circumstances, officers will be discouraged from engaging in illegal or unconstitutional behavior. Author Jenia Iontcheva Turner explains in "The purposes and functions of exclusionary rules: a comparative overview” that: “In adversarial systems, exclusion can be based on the logic that a party which obtains a piece of evidence illegally should not be allowed to benefit from the fruits of the violation” (Turner 256). If police were able to obtain …show more content…

Creators of the rule consider what the framers of the Constitution intended, and how this would come into play with intricate circumstances today. The most notable amendments concerning the Exclusionary Rule are The Fourth, Fifth, Sixth, and Fourteenth Amendments. These amendments have been used to shape the creation of this protecting rule in order to deter unlawful authority use. They will continue to serve as a basis for future developments surrounding the controversy and flaws in the Exclusionary Rule. It is important to acknowledge landmark cases such as Mapp v. Ohio in determining the importance of safeguarding individual rights and privacy. It can be applied most notably in cases such as this one; however, it can also be limited by the exclusions brought up as well. Like all laws, it has its own limitations and complications; therefore, it is important for lawmakers to determine what was intended for this rule. It is an important aspect of American criminal procedures and will continue to be used, referred to, and discussed in many more cases to

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