Should The Exclusionary Rule Be Abolished

Should the Exclusionary draw rein Be Abolished? 1 Should the Exclusionary Rule Be Abolished? Should the Exclusionary Rule Be Abolished? 2 The exclusionary rule has been in existence since the first 1900s. Before the rule was in place, some(prenominal) license was admissible in a pitiful trial if the judge found the evidence to be relevant. The manner in which the evidence had been seized was non an issue. This began to change in 1914, when the U.S. Supreme Court devised a way to enforce the one-fourth Amendment. According to the Legal Dictionary online, the exclusionary rule is a function that prohibits both evidence that was lawlessly obtained from creation admissible in any criminal case (Legal Dictionary, 2011). While this law does non have any jurisdiction in a well-behaved or grand jury case, it does bar police officers from prideful actio n that would violate Americans fourth Amendment right and deter any misconduct on behalf of the police officer. The exclusionary rule was designed to keep police officers from utilise evidence that would otherwise convict those who actively participate in criminal activity.

in that respect ar pros and cons in every situation when it involves police behavior and criminal activity. There are five issues that come to mind in find out whether or not the exclusionary rule should be abolished: Police misconduct, who is being punish, who is guilty, ways to protect those whom are wrongfully searched, and judicial fair play (Landmark Cases, 2005). Police officers are evaluate to enf orce the laws of their community without pr! edetermine and to act within a higher standard than the medium citizen. If a criminal is released because of illegally obtained evidence, society as a whole is being punished for the officers actions and in many cases it is difficult to externalise who the innocent people are. The to the highest degree difficult issue with using the exclusionary rule would be belongings the faith of...If you want to substantiate a full essay, smart set it on our website: OrderEssay.net

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