Exclusionary rule Essays

  • Arguments Against The Exclusionary Rule

    493 Words  | 2 Pages

    The exclusionary rule is a lawful principle that the United States use, which expresses that the confirmation that was powerfully utilized by the police can 't be utilized in a criminal trial. The motivation behind why this is done it’s for the security of the established rights. In addition, the exclusionary rule states that in the Fifth Amendment no one "should be denied of life, freedom, or property without due procedure of law." The exclusionary rule additionally expresses that in the Fourth

  • Essay On Exclusionary Rule

    452 Words  | 2 Pages

    The exclusionary rule should not apply to illegal arrest; considering, the Supreme Court has made it clear that the exclusionary rule does not apply to people arrested unlawfully; however, only evidence obtained illegally. (Hall, 2014) If the behavior of a government agency is an outrageous, shocking, and gross invasion of a defendant's constitutional rights, he or she may be free. (Hall, 2014) The Supreme Court has expanded legal luminary described as a "constitutional revolution" interpretation

  • Essay On Exclusionary Rule

    566 Words  | 3 Pages

    Based upon my research, the exclusionary rule should not apply to an illegal arrest. The exclusionary rule was a court created deterrent and remedy, to keep law enforcement from violating the Fourth Amendment when conducting searches and seizures ("The Fourth Amendment And The Exclusionary Rule - Findlaw"). It is mainly used to exclude incriminating evidence that was gathered illegally to be introduced into the court as evidence against a person. The rule was developed to give individual’s rights

  • Why Is The Exclusionary Rule Important

    428 Words  | 2 Pages

    The Exclusionary Rule is an important constitutional principle of modern criminal procedure law in the United States. Generally, it prohibits the summary at criminal trial of any evidence seized or otherwise obtained in violation of the Fourth Amendment to the Constitution. Under the Exclusionary Rule, unsuitably obtained evidence that leads to the subsequent discovery of other incriminating evidence automatically invalidates or "poisons" the newly discovered derivative evidence in the same way that

  • Acceptance And Complications Of The Exclusionary Rule

    2659 Words  | 11 Pages

    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

  • Exclusionary Rule Essay Outline

    1845 Words  | 8 Pages

    (1914), but only the federal cases were affected. It didn’t touch the state courts until Mapp v Ohio (1961). It was because of Mapp v Ohio that Wolf v. Colorado (1949) was overturned. The exclusionary rule is a safeguard for the deterrence of police participating in illegal search and seizures. The exclusionary rule states that any evidence obtained by illegal search and seizure or information derived from the evidence from an illegal search and seizure will be inadmissible in court. Wolf v Colorado

  • Pros And Cons Of The Exclusionary Rule

    285 Words  | 2 Pages

    The exclusionary rule can make evidence inadmissible in the court of law if that evidence was illegally obtained by a police officer. This protects an individual from unlawful searches and serves as an effective deterrent for police misconduct. One could argue that a mistake on the officer’s behalf should not result in the release of a criminal. This assertion would be reasonable if these fourth amendment violations committed by police officers were honest mistakes. Unfortunately, some illegal

  • Arguments Against The Exclusionary Rule

    676 Words  | 3 Pages

    The exclusionary rule, as applied today, states that any evidence that was found using an unconstitutional method is also unconstitutional; therefore, inadmissible in court. This is because criminal proceedings are to be fair and impartial (i.e. “reason and truth”). I agree, by allowing the exclusionary rule into proceedings, the rights of the defendants are protected. Although the defendants may be guilty, there has to be a system in which the police should also be held accountable for the way they

  • Dollree Mapp Exclusionary Rule Case

    530 Words  | 3 Pages

    courts were required to suppress evidence gathered illegally. The decision extended the rule — known as the exclusionary rule — to state courts. The change has put continuing pressure on police departments to conduct investigations lawfully and brought increased scrutiny when their actions appear improper. Numerous cases have been affected by this, and sometimes they’re even thrown out. The exclusionary rule is very controversial. Critics argue that if the police act improperly or illegally they

  • The Exclusionary Rule

    1588 Words  | 7 Pages

    Exclusionary Rule, states that if any evidence is illegally obtain for any case cannot be used in court. The case of “Weeks VS United States” is one example of how the exclusionary rule works. (Explain the case) I personally think rule goes well in hand with the fourth amendment. But with the exclusionary rule some would say that it cancels out the Patriot act. According to the Fourth Amendment of the Constitution, The right of the people to be secure in their persons, houses, papers, and effects

  • Exclusionary Rule

    1231 Words  | 5 Pages

    Certain rules are in place to ensure that not only citizens are protected against unjust stops and or searches against police. The same rules are also in place to protect police to ensure that they follow certain rules to make sure that the arrests or evidence gathered has been properly obtained. Without rules such as the Fourth Amendment, officers would be able to stop and search people at will and invade privacy, more court cases would also be a result and that would be more time and money spent

  • Exclusionary Rule Summary

    625 Words  | 3 Pages

    The title of Chapter 2 is "Criminal Courts, Pretrial Processes, and the Exclusionary Rule." The chapter begins with a description of the structure of the U.S. court system, which is a dual court system. A dual court system means that there are both federal- and state-level courts who operate within their own jurisdictions. The United States District Court is the trial court for the federal system. There are ninety-four district courts in the U.S., with each state having at least one. The United

  • Advantages Of The Exclusionary Rule

    313 Words  | 2 Pages

    The exclusionary rule was made to protect people 's rights and ensure justice in court but there are exceptions. One exception to the exclusionary rule is inevitable discovery. The law of inevitable discovery states that even if evidence is obtained illegally, it can still be used against someone in court if the evidence was bound to be found one way or another. For example, if the police were searching for a fugitive and broke into someone 's house without a search warrant because they believed

  • Exclusionary Rule Exception

    650 Words  | 3 Pages

    The unresolved questions that attend the exclusionary rule can serve as catalysts of law that could foster harmonious relations among federal and state governments in their common responsibility of balancing individual freedom against governmental regulation and restraint.” In addition, in her Journal of Criminal Law and Criminology article, Expanding Exclusionary Rule Exceptions and Contracting Fourth Amendment Protection, Professor Heather A. Jackson states, “In 1961, in Mapp v. Ohio, the Supreme

  • An Overview Of Canada's Exclusionary Rule

    695 Words  | 3 Pages

    on what may be needed, and what has worked elsewhere. This section is intended to outline the operation of the exclusionary rule in Canada. The Canadian courts rely on legislative enjoined exclusionary rules that are justified by judicial integrity. This justification is given effect to by means of the application of a balancing test. In April 1982, Canada codified its exclusionary rule in the Canadian Charter of Rights and Freedoms. Section 24(2) in particular, provides for the exclusion of evidence

  • Examples Of Ex Post Facto

    592 Words  | 3 Pages

    as Ana. Solicitation is asking, hiring or encouraging another to commit the crime. All jurisdictions take solicitation as a crime. Ana represented the crime of attempt, attempt a robbery, she intent to commit the crime of robbery. The court should rule and press a charged on both Ana and Summer of Attempt of robbery.

  • Assante Case: Cheating V. 555 US

    620 Words  | 3 Pages

    ARGUMENT I. The District Court erred in denying the Motion to Suppress because the evidence obtained from Assante’s personal laptop resulted from an intrusive, non-routine border search conducted without reasonable suspicion. The Fourth Amendment protects “[t]he right in people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures . . .”U.S. Const. Amend. IV. Despite the Common Law Border Doctrine, people do not completely forfeit their Fourth Amendment

  • Should The Private Sector Be Allowed To Protect By Private Property?

    539 Words  | 3 Pages

    secure in their persons, houses, papers, and effects, against unreasonable search and seizures shall not be violated." Thus, evidence gathered without probable cause can't be used against a person. This concept is called The Exclusionary Rule. The courts have applied this rule to denying evidence attained illegally, as stated, (Vile,2010,p.144)," It prohibited prosecutors from introducing evidence at trials that

  • Supreme Court Cases: The Mapp V. Ohio Case

    621 Words  | 3 Pages

    O. Douglas, Tom C.Clark, John M, Harlan II, WIlliam Brennan, Jr. Charles E. Whittaker, and Potter Stewart. The chief justice was Earl Warren. Clark, joined by Warren, Douglas and, Brennan were apart of the majority opinion which applied the exclusionary rule and several earlier decisions that had begun the

  • Should There Be Allowed To Obtain Evidence

    632 Words  | 3 Pages

    violation of a person’s constitutional rights is not allowed to be used in court. These methods of obtaining evidence are made illegal by the exclusionary rule. There are many other regulations that stem from the exclusionary rule, such as the fruit of the poisoned tree rule, the inevitable discovery exception, and the good faith exception. All of these rules pertain to the guidelines of what evidence can and cannot be used in court depending on how it was seized or searched. The fruit of the poisoned