Should The Exclusionary Rule Be Abolished

Should the Exclusionary Rule 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 early 1900s. Before the rule was in place, some(prenominal) evidence was admissible in a criminal 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 quartern Amendment.
According to the Legal Dictionary online, the exclusionary rule is a righteousness that prohibits any evidence that was illegally obtained from creation admissible in any criminal case (Legal Dictionary, 2011). While this law does not have any jurisdiction in a cultivated or grand jury case, it does bar police officers from victorious action that would violate Americans fourth Amendment right and deter any misconduct on behalf of the police officer. The exclusionary rule was designed to prevent police officers from using evidence that would otherwise convict those who actively participate in criminal activity.




in that respect are 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 punished, who is guilty, ways to protect those whom are wrongfully searched, and judicial fair play (Landmark Cases, 2005). Police officers are expected to enforce the laws of their community without predetermine 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 see 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 get a full essay, smart set it on our website: Ordercustompaper.com



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