The Exclusionary Rule In The Prison System

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2 July 2016

Abstract
The legal system is one of the least understood concepts in the modern world. One issue today is the role of the exclusionary rule. This paper will define the exclusionary rule in two key contexts: the confession system and the role of the fourth amendment in evidence gathering. Following these definitions, it will define the key differences between the application of the exclusionary rule, such as location, defenses, etc. It will conclude with a brief summary of facts.

Introduction To many people with a popular mind, the police are a corrupt organization dedicated to constant hypocrisy and breaking the law instead
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Most often, this rule is applied when the confession violates Miranda. Of course, the latter definition is the result of the notorious Miranda v. Arizona, a case infamous for its conflict with the defendant’s knowledge of his own rights (Worrall 2007). The exclusionary rule can be cited in one of three major cases, including those involving: standing, impeachment, and fruit of the poisonous tree (Worrall 2007). First is the role of the exclusionary rule in standing cases. Couch v United States held that one’s knowledge of their Miranda rights is a personal right (Worrall 2007). Someone who hopes to have their confession or interrogation deemed to be invalid must possess the proper standing. That is, there must be proper evidence that the confession was obtained by force or by violating the suspect’s rights. Otherwise, the standing is deemed invalid and the exclusionary rule does not…show more content…
The primary difference is location. In a confessional sense, the exclusionary rule typically applies to the interrogation room, while the fourth amendment concerns relate to the evidence discovery phase of an investigation. One defendant could cite the exclusionary rule regarding their forced confession, while another could state that their car was searched without their permission. Furthermore, the exclusionary rule is applied differently in each context because of its implications. By implying that a confession can be eliminated if obtained under certain circumstances, the system requires the police to remain extra vigilant. This is true for those who search homes, cars, etc, but to a lesser degree. Furthermore, the exclusionary rule is applied differently with regard to certain constitutional rights. Those worried about search and seizure would cite the Fourth Amendment. Those worried about their inadmissible confession could cite the Fifth, First, or Fourteenth Amendments (Mannheimer 2002).
Conclusion
Thus, the exclusionary rule is one word applied to a thousand situations. Each is equipped with its own definitions, implications, and case law. This only illustrates the fact that the law is never a one-size-fits-all

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