Disadvantages of the Exclusionary Rule

In: Social Issues

Submitted By Iliana520
Words 1777
Pages 8
Disadvantages of the Exclusionary Rule

Abstract
The Exclusionary Rule was established to deter police misconduct in obtaining evidence. The doctrine stipulates that evidence obtained in violation of the Fourth Amendment cannot be used as proof of the defendant’s guilt in criminal court. However, the Exclusionary Rule has had adverse effects. For instance, it has negatively influenced the conduct of police officers. It is apparent in their disregard of the law to secure convictions. Officers have even resorted to lying under oath before judges to ensure evidence is admitted in court. Matters are made worse by the fact that law enforcement agencies do not reprimand these offending officers and judges ignore the fabrications to allow the proof. In turn, they continue to stay involved in illegal activities.

Disadvantages of the Exclusionary Rule Once upon a time law enforcement agents detected and investigated crimes, gathered evidence to convict criminals, and ensured that the guilty were sent to prison. Unfortunately, during that same time, those very same officers invaded people’s privacy and unreasonable searches and seizures were the norm. It did not matter whether a person was innocent or guilty of a crime. Officers of the law could conduct warrantless searches, search anywhere they wanted, and seize any evidence they felt proved a person’s guilt. Nowadays, with the Fourth Amendment secure in the Constitution and the Exclusionary Rule in place you would assume that officers would abide by the law and not violate our rights. Sadly, there are still incidents where law enforcement agents disregard “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures” as stated by the Fourth Amendment. They also disregard the procedures established to gather evidence such as securing a…...

Similar Documents

The Exclusionary Rule

...Should the Exclusionary Rule be abolished? What alternative remedy would you favor to prevent police abuse? Is this debate now largely symbolic? Please discuss. The exclusionary rule is a legal principle in the United States, under constitutional law, which holds that evidence collected or analyzed in violation of the defendant's constitutional rights is sometimes inadmissible for a criminal prosecution in a court of law. This may be considered an example of a prophylactic rule formulated by the judiciary in order to protect a constitutional right. However, in some circumstances at least, the exclusionary rule may also be considered to follow directly from the constitutional language, such as the Fifth Amendment's command that no person "shall be compelled in any criminal case to be a witness against himself" and that no person "shall be deprived of life, liberty or property without due process of law."(Calabresi, 2003) The exclusionary rule is grounded in the Fourth Amendment and it is intended to “secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”(U.S. Const.) The exclusionary rule is also designed to provide a remedy and disincentive, which is short of criminal prosecution in response to prosecutors and police who......

Words: 490 - Pages: 2

Exclusionary Rule

...Raven Jones David Harper CJA/364 September 17, 2012 Exclusionary Rule Have you ever thought about what our country would be like if we did not have any rules or regulations? It would be a world of chaos, and would not be enjoyable. One rule we could never live without is the exclusionary rule. The exclusionary rule is protected by the Fourth Amendment. The exclusionary rule states that any evidence collected that violates the criminal’s right can not be used in court. The only way that illegal evidence may be used in a court room, is IF and WHEN the lawyer can prove to the judge that there is nothing linking misconduct by the police and gathering the evidence. The exclusionary rule has one sole purpose. That purpose is to deter police misconduct instead of punishing the errors of judges. The rationale for the exclusionary rule that was given by the courts was unclean hands. Unclean hands is a legal document which states that a person that is asking for judgment may not receive any help from the court if they have any unethical actions in regards to the lawsuit (“The Exclusionary Rule, n.d.”). There are many different exceptions to the exclusionary rule. Good faith exception is a document that gives exception to the exclusionary rule when evidence is collected illegally. The only way it can be submitted in court is if the police officer is acting in good faith. Another exception to this rule is if a second un-poisoned or untainted......

Words: 632 - Pages: 3

The Exclusionary Rule

...THE EXCLUSIONARY RULE Geoff Moore LSTD503 CRIMINAL JUSTICE PROCESS The Exclusionary Rule In 1763, William Pitt spoke in front of Parliament. In that speech he stated that the King of England cannot enter with all his forces. It can be said that the American colonists went to war, the Revolutionary War, with England to stand up for their rights. One of those rights was the protection from illegal searches and seizures. When the Congress debated on the wording of the Fourth Amendment, they had an extreme importance of needed protection from government encroachment. The Fourth Amendment to the United States Constitution was designed and written specifically to protect citizens from illegal searches and seizures: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” [1] The exclusionary rule excludes evidence that was collected from an illegal search from being presented to convict someone of a crime. It is asserted to reject illegitimate police behavior by not allowing unlawfully seized evidence from being allowed in court. [2] When defense lawyers use the exclusionary rule, properly, it consistently damaging the district attorney’s case. This is why the officers are constantly......

Words: 4522 - Pages: 19

Exclusionary Rule

...What is the Exclusionary Rule and what is an example? What are the expectations of the rule? How does the Exclusionary Rule apply to criminal procedure? Compare and contrast the criteria (including rationale) on which the Exclusionary Rule was based.  Should the rule be abolished?  Are there better alternative remedies to the rule and if so, what are they? The exclusionary rule essentially excludes evidence illegally obtained or in evidence obtained in violation of the Fourth Amendment (Lippman, 2011, p. 423). While the exclusionary rule is reactionary in nature and is used as a last resort relative to evidentiary admissibility, certain principles have been established that restrict or constrain it (p. 423). For example, claimants must be able to show their Fourth Amendment rights have been violated. While the exclusionary principle was developed in order to delimit unlawful or excessive police action, self-appointed citizens acting as police without authority to do so, etc., the exclusionary principle is not always applicable (Ferdico, Fradella, & Totten, 2013, p. 89). For example, evidence obtained by police acting in good faith, upon the belief that the search was legal might be included (p. 431). In fact, Lippman (2011) contends that attenuation and collateral proceedings such as preliminary hearings, may also inform the admissibility of evidence (Lippman, 2011, p. 414, 431). For understandable reasons then, numerous cases raising questions about Fourth Amendment......

Words: 311 - Pages: 2

Exclusionary Rule

...Exclusionary Rule Paper CJA/364 July 10, 2013 Bretton Barber Exclusionary Rule Paper The exclusionary rule as it applies to the field of criminal justice is one that was put in place with the Fourth Amendment, that states all citizens are protected from illegal search and seizure. The exclusionary rule basically adds that evidence that is obtained illegally is not permissible in court. There are many views in favor as well as opposition of the exclusionary rule, because of the purpose and exceptions. The purpose of the exclusionary rule is to accompany the fourth amendment, reinforcing the rights of citizens to be protected from illegal search and seizure by law enforcement. Without the exclusionary rule being enforced by the court system the fourth amendment would stand as a mere suggestion, allowing law enforcement to possibly use evidence obtained illegally to be used against the accused person. This rule serves mainly as a deterrent to police officers from misconduct. There are several exceptions to the exclusionary rule, which always makes for controversy. One of the exceptions to the exclusionary rule is that if it can be proven that the evidence obtained illegally would have been discovered eventually, it can be permitted. Another exception is that the defendant cannot take advantage of the police breaking the rules of the fourth amendment to obtain evidence to their advantage, to avoid any other evidence that may be used against them. The reason these......

Words: 657 - Pages: 3

Exclusionary Rule

...Exclusionary Rule Evaluation John Stepney CJA/364 November 5, 2013 Kenneth Overwater Abstract The Fourth Amendment always has protected the three civil rights of liberty, property, and privacy. Under the Fourth Amendment the exclusionary rule was designed to sustain that any evidence that was obtained illegally by government officials is a violation of a defendant's constitutional rights and cannot be used against the defendant in a court of law. The reader will be informed of the rationale and purpose of the exclusionary rule and identify exceptions to the rule. It will also analyze the costs and benefits as well as alternative remedies to the exclusionary rule. Exclusionary Rule Evaluation In the 18th century the exclusionary rule under common law did not allow coerced confessions of defendants to be admitted in trial courts. It did not protect defendants from evidence that government officials seized during illegal searches from trials. Weeks v. United States (1914) held that the exclusionary rule was a part of the Fourth Amendment, and any illegally seized evidence cannot be used against the defendant. The decision made the exclusionary rule a constitutional requirement, but it did not bind states. Incorporating the rule to the state level was initiated in 1961 by way of the opinion of Mapp v. Ohio. The Fourth Amendment Exclusionary Rule became binding to the states under the Due Process Clause, which protects civilians from the denial of......

Words: 977 - Pages: 4

The Exclusionary Rule

...Exclusionary Rule Student’s Name Institutional Affiliation Exclusionary Rule is constructed on the state constitution of the United States, which requires that evidence or materials qualifying as such, obtained by the arresting or case officers in violation of a suspect's right of freedom from unwarranted searches and arrests are not admissible in the said suspect's case in court. That is; the exclusionary rule dismisses evidences that are obtained by abusing a delinquent's fourth amendment rights. The amendment is mandated to protect the citizens from illegal searches and arrests by law enforcing agencies. Per se, it can be regarded as the hallmark to the flourishing respects for the fourth amendment right in the United States. It is imperious to acknowledge that the rule was made in courts and not the conventional legislative protocols that involve statutes and members of the congress. It was a creation of the Supreme Court and, thus its application is confined within the jurisprudence of the legal system. The historical development of the exclusionary rule dates back to the 1990s. Whilst the development of the rule itself is uniquely American portent, the principle it protects and the justifications for its existence links to the vey origin of western civilization. To effusively grasp the advent of the exclusionary rule as promulgated in Boyd v. United States, it is critical to identify the theoretical foundations of law developed in Britain and America.......

Words: 2336 - Pages: 10

Cja 364 Week 2 Individual Assignment Exclusionary Rule Evaluation

...This archive file of CJA 354 Week 5 Final Exam consists of the next questions: 1) That which is laid down, ordained, or established...a body of rules of action or conduct prescribed by controlling authority, and having a binding legal force? 2) What are the unwritten rules that underlie and are inherent in the fabric of our society? 3) Which of these crimes is male prohibita? 4) The least serious crime is a(n): 5) ________ is the legal principal that requires that courts be bound by their own earlier decisions and by those of higher courts having jurisdiction over them regarding subsequent cases on similar issues and fact. 6) The first ten amendments to the U.S. Constitution are known as: Chapter 2 7) Jury instructions are directions given to the jury by the: 8) Criminal liability is the degree of ____________ assigned to a defendant by a criminal court. 9) The basic parts or components of a crime are referred to as the ________ of the crime: 10) In the criminal law, ________ is considered behavior and the accompanying mental state. 11) The Latin term for "guilty act" is: 12) The Model Penal Code outline four ________: purposely, knowingly, reckless, and negligent. 13) Ray insults Bob. Bob then beats Ray up to get revenge. Bob's action is: 14) Knowing behavior is action undertaken with: 15) The term scienter signifies a defendant's: 16) ________ is not an essential element of a crime. 17) When Bob......

Words: 389 - Pages: 2

Exclusionary Rule

...Exclusionary Rule Imagine you are home than all a suddenly you hear a big bang at your door with white smokes scattering your house. Ten seconds later police officers in full gear rush in detaining you saying that they have the right to enter to search your house and took you to the police station for questioning. Once, at the police station the investigator force you to confess to the crime that you didn’t commit. After being force to confess you were charged for robbery because you match the description of the suspect they were looking for along with the same matching evidence and your confession. Officers also found a weapon that match the weapon that was use in the crime. You ask for an attorney but since there is no law saying that you can’t be appointed an attorney. At the court house the evidence that officers obtained was use against you and confessing to the crime. The judge rules that you are guilty without a hearing. But really you were set up by your twin brother because he was next in line for the CEO position of your business. Because there were no rights protecting you, you were wrongfully accuse and charged for the crime you didn’t do. This wouldn’t have happen if there was a rule call the Exclusionary rule, evidence gather by search and seizure in violation of the Constitution is dismiss from the state court explained Jared W. Olen, author of Jared W. Olen Website. The Constitution was created as a law of the country to govern the people and give them......

Words: 1225 - Pages: 5

Exclusionary Rule Evaluation

...Running Head: Exclusionary Rule Evaluation 1 Exclusionary Rule Evaluation Paper University of Phoenix CJA 364 Abstract The following paper will analyze the rationale and purpose of the exclusionary rule and identify exceptions to the exclusionary rule. In this analysis, it will state the costs and benefits of the exclusionary rule, as well as alternative remedies to the rule. The author will state their position on the exclusionary rule and provide support for their position. The author will also include support from two peer reviewed sources. The Fourth Amendment to The Constitution of the United States reads: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrant shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized." (The Exclusionary Rule. (n.d.). Retrieved May 24, 2015) the exclusionary rule prevents government from using evidence that is retrieved in violation of the United States Constitution. This rule was made as a deterrent to law enforcement to prevent further unlawful searches and seizure from continuing to happen. The exclusionary rule was created for court purposes it is not an independent constitutional right. The...

Words: 864 - Pages: 4

Exclusionary Rule

...the use of evidence obtained through illegal search and seizure in a federal prosecution. With this ruling, the Court established the exclusionary rule. Mapp v. Ohio (1961) On May 23, 1957, three police officers went to the home of Dollree Mapp to search for a man, who was wanted in connection with a bombing at the home of Donald King. The police officers knocked on the door and demanded entry. Mapp telephoned her attorney, and the attorney advised Mapp to refuse the police from entering her home without a search warrant. Three hours later, the police arrived again and forced their way into Mapp’s home. As the police officers began to searched the home, Mapp demanded to see a search warrant. One of the officers held up a piece of paper purported to be a search warrant. The police searched Mapp’s entire home and searched a trunk located in the basement and found pornographic literature. Subsequently, Mapp was convicted for possessing obscene materials. In 1961, the Supreme Court made the exclusionary rule applicable to all state courts and law enforcement personnel in the landmark decision of Mapp v. Ohio. The Court held that although the search had turned up contraband, it violated the Fourth Amendment’s prohibition against unreasonable searches and seizures, the illegally seized evidence cannot be used in court. The exclusionary rule has also been extended to include secondary evidence, which is also called “fruit of the poisonous tree.” This doctrine applies not......

Words: 669 - Pages: 3

The Exclusionary Rule

...Crim 1010 24 Oct 2011 The Exclusionary Rule Everyone knows about the concept that they have the right to privacy and cannot be searched without a proper warrant. Unfortunately, many people don’t know about the exclusionary rule, which is what actually protects us from unlawful searches. With the growing problem of police misconduct, the exclusionary rule was put in place to curb this misconduct. This rule basically is what enforces the fourth amendment stating that if any evidence is obtained through an illegal search or seizure of a person or their property, it will be suppressed in court. In order for the exclusionary rule to be in effect, there are three main criteria that must be met. For starters, an officer of the law must have performed an illegal action. Next, evidence must be secured. Finally, the first two criteria must have at least a slight coincidence with each other. Even if all three of these are present, if they can’t all be proved, the exclusionary rule would be exempt. It is the defenses job to notice if this has happened and file a petition to suppress the evidence obtained. When this occurs, the prosecution must then prove them wrong. It’s kind of a “guilty until proven innocent” situation for the prosecution. There are three exceptions that the prosecution should look at when trying to prove their case. The Independent Source doctrine is the first exception. This doctrine says that if evidence is......

Words: 502 - Pages: 3

Exclusionary Rule Evaluation

...Exclusionary Rule Evaluation Christopher Revels CJA/364 August 1, 2011 University of Phoenix Exclusionary Rule Evaluation When examining the Exclusionary Rule certain measures were taken to integrate some significant meaning and justification constitutionally for law enforcement to follow. The rule does not stem from the Fourth Amendment; however, similar descriptions are found in the definition pertaining to the Fourth Amendment. Historically, the Exclusionary Rule serves as a remedy for understanding how evidence is obtained and could be inadmissible if illegal tactics were taken to gather the evidence. This essay will present a detailed evaluation of the Exclusionary Rule entailing values and rationale including four fundamental exceptions to the exclusionary rule. These exceptions operate under the exclusionary rule premise and will be explained in the essay. In addition, summarize some benefits, disadvantages, and an alternative solution will be expressed in forming my personal opinion-position of the exclusionary rule supported by a strong argument and information. Though examining the Exclusionary Rule as constitute may establish some deterrence for police still opinions do consider the rule unconstitutional behind its existence. The Exclusionary Rule shares no semblance from the Fourth Amendment that gives protection against search and seizure, but originates from the Fifth Amendment. Both establish no evidence may be used in court if obtained...

Words: 1402 - Pages: 6

Exclusionary Rule Evaluation

...Exclusionary Rule Evaluation From the Fifth Amendment comes the Exclusionary Rule which affirms that no entities or things may be used and showed in court if taken unlawfully or without appropriate search warrant. Public citizens are well-known with the idea that they have a right to confidentiality, and cannot be investigated devoid of a warrant. Nevertheless, not many people comprehend how the exclusionary rule, which is what truly imposes this right, defends us. The rationale and purpose of Exclusionary Rule discourage police delinquency. Exclusionary Rule is also grounded in Fourth Amendment and it is projected to guard people from prohibited searches and seizures. This Rule is also intended give a deterrent and remedy, which is short of criminal prosecution in reply to prosecutors and police who unlawfully collect substantiation in infringement of the Fifth Amendment in the Bill of Rights bound to self-incrimination. This rule also assures the right to counsel (Carrie). The exclusionary rule has 3 elements: unlawful act did by an officer or a person who acts as an agent or police, secured evidence, and informal link between the criminal action and the substantiation secured. There are three exceptions to the exclusionary rule. First is the Independent Source Doctrine which was made in 1984 during the Supreme Court case of Segura and Colon v U.S. This exception is where evidence is apprehended in two different substantial ways meaning the first attempt is illegal and......

Words: 924 - Pages: 4

Exclusionary Rule Evaluation from the Fifth Amendment Comes the Exclusionary Rule Which Affirms That No Entities or Things May Be Used and Showed in Court If Taken Unlawfully or Without Appropriate Search Warrant.

...guilt but as few restriction should as well be placed on police investigative and fact-gathering actions. The crime control system relies on the informality in the criminal justice system. Crime control advocates of crime control distinguish between the court’s obligation to be fair to the accused and its obligation to be fair to the society. The crime control function of the court emphasizes punishment and retribution, criminal must suffer for the arm done to the society, and it is court responsibility to see that they do so. This responsibility is to protect the public, deter criminal behavior, and get criminals off the streets. The court should not be solely concerned with giving the accused a fair chance. Rather than using due process rule as equalizers, the court should use them as protection against blatantly unconstitutional act. For example, detectives who forcefully collect information or confession from a suspect has infringed on suspect constitutional right. However, if a detective attain confession from a suspect by the way of tricks, the court should allow he confession to stand because it is not in society’s interest that the law enforcement be deterred from outwitting criminals. In criminal justice system, the Supreme Court plays he important role of ultimately deciding when due process has been violated and when it has not. This is not a role that the court has always embraced according to history; the court did not apply the Bill Of Right to......

Words: 1082 - Pages: 5