The Effects of the Exclusionary Rule - 600 Words

The Effects of the Exclusionary Rule In 1787, the Constitution was established in order to set forth and establish the government. Later in 1791 the states called for further Constitutional protections which caused the first 10 amendments to the Constitution known as the Bill of Rights to be established. The Bill of Rights dictated the basic rights afforded to all American citizens. Over the years legal professionals have argued and attempted to manipulate the exact meaning of each of the amendments. One amendment that has created issues for law enforcement is the Fourth Amendment which provides protection against unreasonable searches and seizures and requires a judicial warrant be supported by probable cause. This amendment has numerous†¦show more content†¦Fortunately Dollree Mapp was somewhat educated with the law and the procedures law enforcement needed to take in order to search her property. Even after the Supreme Court’s decision on this landmark case which p aved the way for the Exclusionary Rule, law enforcement officers have struggled for years regarding the interpretation of this rule while conducting investigations. There have also been additional rules and guidelines that make a somewhat clearer understanding of how law enforcement officers conduct investigations, produce evidence, and obtain information. The chart below outlines procedures law enforcement officers use to ensure compliance. (NPC, 2003-2007) The controversy over the Exclusionary Rule may continue to be evaluated by the Supreme Court for years to come. Many question should the rule be repealed? The fact is when the Founding Fathers wrote the Constitution and the Bill of Rights, they could not have foreseen the complications with a basic right as the Fourth Amendment. As our society changes, so does the crime; with that, lawyers will call into question everything law enforcement officers do in connection with their investigations. No matter who sits on the Supreme Court Bench, there will always be different ethical evaluations of the Bill of Rights, including the Exclusionary Rule. Law enforcement officers need tools to combat crime on all levels, but American citizens need to have a fair and balanced set of laws andShow MoreRelatedThe Evolution of the Exclusionary Rule1733 Words   |  7 Pages The Evolution of the Exclusionary Rule A Historical Analysis And How It Stand Today April Herald Criminal Justice Abstract From historical analysis, this work highlights key cases that have influenced the evolution of the Exclusionary rule and where it stands today. The purpose of this paper is to inform people of the importance of our constitutional rights, especially the fourth amendment when concerning a criminal prosecution. The exclusionary rule is set in place to ensure justiceRead MoreThe Exclusionary Rule Essay examples951 Words   |  4 Pages the exclusionary rule was established (Hendrie 1). The exclusionary rule was a part of the Fourth Amendment. It states that evidence found at a crime scene is not admissible if it was not found under the correct procedures. This means that the government cannot conduct illegal searches of a person or place and use evidence that is found at that time. The government must go through the procedures of obtaining warrants or have probable cause to search an individual or place. The exclusionary ruleRead MoreThe Exclusionary Rule Essay936 Words   |  4 Pages the exclusionary rule was established (Hendrie 1). The exclusionary rule was a part of the Fourth Amendment. It states that evidence found at a crime scene is not admissible if it was not found under the correct procedures. This means that the government cannot conduct illegal searches of a person or place and use evidence that is found at that time. The government must go through the procedures of obtaining warrants or have probable cause to search an individual or place. The exclusionary ruleRead MoreCriminal Justice and Leading U.S. Supreme Court Cases, Annotated Bibliography1035 Words   |  5 Pages(2nd ed.). Upper Saddle, River, NJ. Pearson/Prentice Hall. Law Enforcement in the 21st Century gives an extensive view of law enforcement practices at all levels and the limitations within the scope of their practice. It also explains the Exclusionary Rule. Schmalleger, F. (2009). Criminal Justice Today, 10th ed. Upper Saddle River, NJ Pearson/Prentice Hall. Criminal Justice Today is a comprehensive reference that encompasses all aspects of the criminal justice system. It further details but isRead MorePros And Cons Of The Exclusionary Rule1017 Words   |  5 Pagesthe one that we will be discussing in this paper is the exclusionary rule. It is the introduction of a good evidence, that it is obtained by a bad law enforcement, is most common in the United State than other countries legal system. To put it in other words, the exclusionary rule is controversial. Therefore, many experts say that it sets criminals free on minor points. In this paper, I will speak about the pros and cons of the exclusionary rule, how it is effecting the criminal justice system of theRead MorePros and Cons of the Exclusionary Rule1538 Words   |  7 PagesARGUMENTS IN SUPPORT OF THE EXCLUSIONARY RULE Among the arguments in support of the exclusionary rule4 by its proponents are the following: 1. It deters violations of constitutional rights by police and prosecutors. A number of studies and testimonies by police officers support this contention. 2. 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In essence, the provisions of the exclusionary rule prevent the government authorities and machinery such as FBI and CIARead MoreExclusionary Rule Evaluation872 Words   |  4 PagesHead: Exclusionary Rule Evaluation 1 Exclusionary Rule Evaluation Paper University of Phoenix CJA 364 Abstract The following paper will analyze the rationale and purpose of the exclusionary rule and identify exceptions to the exclusionary rule. In this analysis, it will state the costs and benefits of the exclusionary rule, as well as alternative remedies to the rule. The authorRead MoreEssay about The Exclusionary Rule620 Words   |  3 Pagesgovernment for violations of those rights. In 1914, the U.S. Supreme Court, in the landmark case of Weeks v. United States,2 introduced the exclusionary rule as a remedy for violations of the Fourth Amendment.3 The Weeks Court felt that the only effective way to enforce the Fourth Amendment right to be secure from unreasonable searches and seizures was to adopt a rule that evidence seized in violation of the Fourth Amendment could not be used by the government against a defendant at trial. The Weeks CourtRead MoreExclusionary Rule : The Rule889 Words   |  4 PagesExclusionary Rule The U.S Supreme Court adopted the exclusionary rule to prevent the use of inappropriate behavior and violations of an individual’s rights by government officials through the use of the exclusionary rule. The exclusionary rule protects the rights of the people under the Fourth, Fifth, and Sixth Amendments, and requires evidence obtained directly or indirectly as a result of government violations cannot be used as proof of guilt in a court of law [1] The U. S. Const. amend. IV