The Exclusionary Rule

The Exclusionary Rule The Exclusionary Rule The Constitution of the joined States was written to set up its citizens certain rights and protections. virtuoso protection is the one granted by the Fourth Amendment, which protects against unlogical attendes and seizures. This is meant to keep government officials from harassing citizens for no reason. in that respect were times when the patrol in mevery cases did wait citizens illegally and apply 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 empty Dictionary, 2012). The primary conception of this approach pattern was to deter the natural law from actus reus that violate defendants rights (The sinless Dictionary, 2012). If the police conduct a search that is unreasona ble accordingly both march that is obtained in the search pass on be excluded from any criminal trial (The Free Dictionary, 2012). The rationale for the rule comes from the constitutional concept of limited political authority (Hall, 1992). If a search exceeds the constitutional authority of fair play enforcement then any evidence seized cannot be retained as evidence by the court for a trial (Hall, 1992).

This rule can be an effective way to deter the police from violating a souls rights by searching each their person or property illegally. If the police are aware of the fact that any evidence they gat her illegally will not be used in court it s! hould hold them from searching without a warrant. Exceptions Exceptions to the Exclusionary Rule have developed with the many an(prenominal) cases that have gone before the Supreme Court. One excommunication is known as the good faith exception and was schematic 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 indirect request to get a full essay, order it on our website: BestEssayCheap.com

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