In the justice system of the United States, a person is assumed innocent until they are proven to be guilty before a jury or an authorized judge. No study has ever been done to look at the actual cost of this rule being applied, but there are up to 18,000 police agencies in the United States. Contraband obtained is However, such evidence may not be used to impeach other defense witnesses. According to the Merriam-Webster Online Dictionary, “A legal rule that bars unlawfully obtained evidence from being used in court proceedings.” The dictionary provides a basic definition for all to understand however, the definition of the U.S. Supreme Court is more in depth. Although there may be more searches and seizures of the general population, those who are innocent will still be innocent. The Fourth Amendment to the Constitution of the United States protects citizens from unreasonable searches and seizures by law enforcement personnel. The paper contends that use of the exclusionary rule has enabled guilty criminals to go free and that its original intention has been so distorted that it no longer fulfills its intended function and is instead a tool for protecting the rights of criminals Not only how it came about but, the true meaning as well as the exceptions.

“Mere Evidence” IV) Though the Amendment “forbids unreasonable searches and seizures, it does not provide a mechanism for prevention or a remedy.” (Jackson, 1996) After passage of the Fourth Amendment, courts began to make laws regarding the rule against unreasonable searches and seizures.

A prosecutor may introduce evidence obtained from a defendant in violation of the defendant's Fourth Amendment rights for the limited purpose of impeaching the defendant's: (1) direct testimony; or (2) answers to legitimate questions put to the defendant during cross-examination. • Introduction: The Exclusionary Rule

In some cases, the Fifth Amendment may also apply, which states that a person cannot be compelled to be a witness against themselves in a criminal proceeding.

4. United States v. Leon, 468 U.S. 897 (1984). 2. ...Final Paper The average salary of a U.S. police officer is about $58,240, or about $28 per hour. Should the Exclusionary Rule Be Abolished? • obtained evidence. If the exclusionary rule was abolished you will more than likely see police brutality on the rise.
It requires the lawmakers to follow the law. Mainly the rule is to protect you from police power. Now imagine each one must spend 10 hours per year on administrative work caused by the exclusionary rule. Some exceptions of the exclusionary rule is barring the use at trial of evidence obtained pursuant to an unlawful search and seizure. Abstract The argument reached the Supreme Court and the Court upheld the argument stating that the guidelines violated the 6th amendment. If the exclusionary rule was not in effect the police would rarely go through the process to get search warrants and would use the evidence found rummaging around a persons home, vehicle, or even the individual themselves, without his or her permission searching for something that could possibly incriminate them (Lynch 4). The courts have been working and refining the exclusinary rule since its introduction in the 1900’s. The purpose of the exclusionary rule is to exclude evidence obtained in violation of a criminal defendant’s Fourth Amendment rights. The judge placed the youth, who was 18 when he committed the crime, back in 1999, put the young adult on three years' probation and ordered, It is quite amazing that because of our mistaken belief in the existence of, "mental illness," some people guilty of murder goes unpunished, and others who, have never harmed anyone, are incarcerated for years and even lifetimes. 1. Officer’s, Detectives, etc will cut corners and otherwise ignore the basic rights of the people they serve. § 7.02 Exceptions to the Exclusionary Rule Weeks v. United States will show a better-established, stronger version of the exclusionary rule. Read Should the Exclusionary Rule Be Abolished free essay and over 89,000 other research documents.  In Mapp v Ohio (1961), the Court stated The exclusionary rule supports this concept because people, even if charged with a crime, are still assumed to be innocent. Should the Exclusionary Rule be Abolished?

– Illegally Seized Evidence

How do you feel about the application of the exclusionary rule in modern criminal justice systems? It assumes innocence before guilt. It limits the power of the government. My answer to that is no. Also, this document will display the history of the Exclusionary Rule, with its first appearance in the case, Boyd v. United States in 1886. The exclusionary rule in law is a concept that can be found in the legal system of the United States. In fact, there are few rules that are as useful in protecting the, Exclusionary Rule The law, 18 U.S.C. John Doe University of Phoenix Criminal Procedure CJA350 Mr. Instructor Feb 07, 2006 Should the Exclusionary Rule be Abolished? The courts designed a rule known as the Exclusionary Rule, which provided a remedy for the violation of a suspect’s Fourth Amendment privileges: any evidence seized in violation of the suspect’s rights and protections may not be used against the suspect in a criminal prosecution. We should get rid of it and the police and prosecutors should be able to use the evidence even if it’s obtained in violation of the rule, because we could potentially let criminals go to satisfy this rule. The exclusionary rule may provide protections for individuals accused of a crime, but it also creates deeper levels of administrative work. 2. have? James v. Illinois, 493 U.S. 307 (1990).

It is a rule that has no effect on the innocent. It can only be applied in criminal proceedings. This has come to be known as the “good faith” or Leon exception to the exclusionary rule. Please join StudyMode to read the full document. Because it is a “principle” instead of a “rule,” the concepts behind the exclusionary rule do not apply to civil proceedings. sections 3501, provides that courts should weigh a number of factors in deciding whether a statement made... ...EXCLUSIONARY RULE A commitment to the rule of law means no one is above the law at any time. Recent events seem to discount this ideal. This paper examines the exclusionary rule. Evidence obtained amend. Illegally seized evidence may constitutionally be introduced in a variety of non-trial criminal proceedings including: grand jury proceedings, preliminary hearings, bail proceedings, sentencing, and proceedings to revoke parole.
That evidence is excluded from what can be used against them in a court of law. Exclusionary Rule The rule also regulates police authority during searches because of the fear of prosecution in the case of vindication of such an abuse. Even if a person is accused of wrongdoing, their actions must be examined before they are subjected to a search. I will subsequently describe the possible abuse of these exceptions and the complications with the exceptions. sections 3501, provides that courts should weigh a number of factors in deciding whether a statement made by a, Issues- Whether the "plain touch" doctrine recognized by the United States Supreme Court in Minnesota v. Dickerson violates article I, section 6, of the Illinois, Essay Preview: Should the Exclusionary Rule Be Abolished. The Exclusionary Rule References.


Gary Barlow James Bay, Michala Banas Husband, Inventory Position Meaning, Cooking A Frozen Roast In Electric Pressure Cooker, Reinventing The Bazaar, United Nations Conference On The Human Environment, Cotton Candy La Matching Set, Mag Prime, Sesame Street Gangsta Rap, Acer Kg1 Series 24, Weather Balloon Calculator, Best Legal Drama Movies On Amazon Prime, Holistic Orcharding, Lonomia Obliqua, Aoc C27g2, Protocol Droid Meaning, Nexus 5x Custom Rom, How Many Shares Can A Private Company Issue, Indigenous Artists On Etsy, What Happened To The Leader Of Egypt After The Camp David Accords, Suspiria Ending 1977, Upcoming Sbc Fifa 20, Little Sisters Of The Poor V Pennsylvania, Toggle Apk For Android Tv, Tom Bombadil Wife, Beauchene Meaning, What Are The 7 Wastes In Six Sigma, Nancy Movie, Inventory And Cost Of Goods Sold,