Exclusionary rule week two essay

More conservative parties, such as Supreme Court Justice Antonin Scalia and former President Ronald Reagan, have disagreed with broad application of the exclusionary Exclusionary rule week two essay. Exclusionary Rule Essay Exclusionary Rule Essay The exclusionary rule holds that any evidence directly resulting from a violation of constitutional rights must be excluded from trial.

Quarles, the greatest good was achieved by retrieving the weapon to ensure innocent bystanders were not harmed. While the question was posed prior to Miranda warnings, the court ruled that there was an immediate concern for the safety of bystanders and therefore the statements made by the Exclusionary rule week two essay could be allowed in trial.

Exclusionary Rule Essays (Examples)

The exclusionary rule also offers a major detriment according to opponents. Three more recent Supreme Court cases involving the use of the exclusionary rule include Hudson v. These actions also violate the right to due process as given by the Fourteenth Amendment. The rationale behind the implementation of the exclusionary rule was to deter law enforcement from unreasonable and unlawful conduct.

The exclusionary rule protects the constitutional rights of adults as well as juveniles and derives from the U. The exclusionary rule offers a few benefits for the criminal justice system. The rule deters law enforcement from violating the rights of citizens when gathering evidence.

An illegal search or seizure may be criminally actionable resulting in the prosecution of an officer for abuse of office. Police The exclusionary rule exempts some evidence even when the seizure or location of the evidence may violate the Fourth Amendment.

There have been questions raised as to its constitutionality and the threat to public safety when a guilty party goes free due to evidence being excluded from trial.

The rule also reinforces the due process clause of the Fourteenth Amendment as it prevents members of the criminal justice system from ignoring the guarantees of the due process laws.

Outside of case law, there exist ethical systems that provide support for the use of the exclusionary rule. In theory, there will be no motivation for law enforcement officers to engage in illegal conduct if such activity will prevent them from entering the obtained evidence at trial.

Exclusionary Rule

United Statesthe Supreme Court held the confession of Sun was admissible because Sun voluntarily returned to a police station and confessed to a crime after a previous illegal search by police officers. Supreme Court case, Weeks v. This inclusion of state courts ensures defendants receive the same protections from tainted evidence or police misconduct Del Carmen, The rule originally applied to federal courts only.

These exceptions include good faith errors, independent sources, inevitable discovery, and the purged taint exception.

Exclusionary Rule Essay

If the police possess an independent source used to obtain entry on a search and discover contraband based on the source in an illegal manner, then the seizure of the evidence is admissible regardless of the illegal entry or search Del Carmen, Because of these concerns, over time the exclusionary rule has been limited by Supreme Court rulings recognizing that there may be exceptions to the rule that would allow for the evidence to be presented during trial.

While these restrictions have been implemented, the Supreme Court should, based on its previous rulings, continue to use the exclusionary rule in cases where officers have acted purposefully, recklessly, or were substantially negligent in their duties.

The basis for the decision was the concurrent search for evidence by volunteers in the same area as the defendant indicated after the prodding by the officer. MichiganHerring v. Members of the criminal justice system who make errors in searching or seizing a person or property may create a loophole for an offender to escape prosecution.

Williams,and the attenuated connection principle Wong Sun v. The public safety exception was applied in New York v. The rule also strengthens the protections offered by the Fourth Amendment by allowing defendants a means to object to illegally obtained evidence.

Even though there are other alternatives to the exclusionary rule, the rule provides enhanced protections for citizens while allowing exclusions to prevent some criminal cases from ever receiving a day in court.

It was not until the Supreme Court decision in Mapp v. Ohio that the exclusionary rule was applied to states. The exclusionary rule is an important aspect of the American criminal justice system and should be continued.

It provides exceptions to potential mistakes members of the criminal justice system may make under good faith.

The inevitable discovery rule maintains that if evidence obtained based on a violation would have been otherwise discovered lawfully, the prosecution can use it in the case against the defendant. These include the independent source doctrine Murray v.

The independent source exception allows the introduction of evidence obtained via the direct result of an illegal search or seizure if the connection between the illegal police conduct and the seizure of the evidence dissipates the taint of illegality.The exclusionary rule does not prevent the government from introducing illegally gathered evidence to “impeach,” or attack the credibility of, defendants’ testimony at trial.

The Supreme Court recognized this exception in Harris v. (Results Page 2) View and download exclusionary rule essays examples. Also discover topics, titles, outlines, thesis statements, and conclusions for your exclusionary rule essay.

The Weeks decision only affected federal courts, and two-thirds of the state courts rejected the exclusionary rule, claiming the rule placed unnecessary burdens on the police and the rule favored the guilty.

/5(5). Exclusionary Rule Week Two. Essay by spazosburn, University, Bachelor's, November download word file, Exclusionary Rule Week Two. Shannon Collins. CJA/ - Exclusionary Rule Week Two. The question that is required for me to give consideration too is; "Should the exclusionary rule be abolished?" Before giving my debate that is set 5/5(1).

However, the exclusionary rule is an important doctrine to members of the criminal justice system demonstrating a means to introduce evidence in the furtherance of justice. We will write a custom essay sample on. Read this essay on Exclusionary Rule.

Come browse our large digital warehouse of free sample essays. The police searched Week’s home and turned over articles and papers to a U.S. marshal.

The marshal and the police also searched Week’s bedroom and confiscated other documents and letters. The author will also include support from two.

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Exclusionary rule week two essay
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