Saturday, December 21, 2013

The Exclusionary Rule

The Exclusionary Rule The Exclusionary Rule The Constitution of the joined States was written to impart its citizens certain rights and protections. virtuoso protection is the one granted by the Fourth Amendment, which protects against unlogical attemptes and seizures. This is meant to keep government officials from harassing citizens for no reason. in that location were times when the patrol in mevery cases did essay citizens illegally and use the deduction to convict. Actions such as these led to the Exclusionary Rules creation by the unify States Supreme Court. Rationale and Purpose The Exclusionary Rule was intentional to exclude demonstration that was obtained in violation of defendants Fourth Amendment rights (The lay off Dictionary, 2012). The primary conception of this come up was to deter the jurisprudence from bumble that violate defendants rights (The chuck up the sponge Dictionary, 2012). If the police conduct a search that is unreas onable accordingly both cause that is obtained in the search depart be excluded from any criminal trial (The Free Dictionary, 2012). The rationale for the rule comes from the constitutional concept of limited governmental authority (Hall, 1992). If a search exceeds the constitutional authority of law of nature enforcement then any evidence seized cannot be retained as evidence by the court for a trial (Hall, 1992).
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This rule can be an effective way to deter the police from violating a souls rights by searching every their person or property illegally. If the police are advised of the fact that any evidenc e they gather illegally will not be used in ! court it should get out them from searching without a warrant. Exceptions Exceptions to the Exclusionary Rule have developed with the umteen cases that have gone before the Supreme Court. One censure is known as the good faith exception and was effected with the case of United States v. Leon, (1984). The Court reversed the previous Leon rulings stating that evidence gathered in a search that was executed pursuant...If you inadequacy to get a full essay, order it on our website: BestEssayCheap.com

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