Thursday, February 21, 2019

Exclusionary Rule Evaluation Essay

The Exclusionary Rule was designed to exclude evidence obtained in irreverence of a venomous defendants quarter Amendment rights. The Fourth Amendment protects against illogical try and seizures by law enforcement personnel. If the search of a criminal shadowed is searched unreasonable, the evidence obtained in the search will be excluded from trial. The Exclusionary Rule is a court made sway it is not in any of the statutes, it was not created by the Legislative bodies but rather by the United States coercive Court. The Exclusionary Rule applies to the federal courts by virtue of the Fourth Amendment. Police wrongful conduct plays a key role the rein and if there wasnt ball up within our police department the Exclusionary Rule would not exist today. The Fourth Amendment and the Exclusionary Rule go hand in hand the 4th Amendment protects us from unreasonable (illegal) search and seizures and if there is evidence steaming from a rape of the 4th Amendment then that evidenc e ikest thrown completely out of the trial.The rule mostly is there tas the enforcer on the government, the Exclusionary Rule was introduced by the positive Court in 1914 from the case Weeks v. United States. I think that the rule does not need to be abolished because the government should be held accountable for their actions even up though the government is a system divided. I think that we the volume are held accountable in the court of law then it is provided right they are too. Have you ever taken a bound in good doctrine? Well, the Exclusionary Rule has a good faith exception And it provides that when an honest mistake is made during the course of a search and seizure any subsequently obtained evidence will be considered admissible. (Worrall, 2012) I think some things could be updated not only in the criminal justice system but the Constitution and statutes. The judges are attached absolute immunity protecting them from any of their decisions and the prosecutors are giv en measure up ammunityReferenceswww.findlaw.comwww.studymode.comCriminal Procedure John Worrall, (2012)

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