Exclusionary Rule Evaluation

Exclusionary Rule Evaluation

Exclusionary Rule Evaluation
Christopher Revels
CJA/364
August 1, 2011
University of Phoenix

Exclusionary Rule Evaluation
      When examining the Exclusionary Rule certain measures were taken to integrate some significant meaning and justification constitutionally for law enforcement to follow. The rule does not stem from the Fourth Amendment; however, similar descriptions are found in the definition pertaining to the Fourth Amendment. Historically, the Exclusionary Rule serves as a remedy for understanding how evidence is obtained and could be inadmissible if illegal tactics were taken to gather the evidence. This essay will present a detailed evaluation of the Exclusionary Rule entailing values and rationale including four fundamental exceptions to the exclusionary rule. These exceptions operate under the exclusionary rule premise and will be explained in the essay. In addition, summarize some benefits, disadvantages, and an alternative solution will be expressed in forming my personal opinion-position of the exclusionary rule supported by a strong argument and information. Though examining the Exclusionary Rule as constitute may establish some deterrence for police still opinions do consider the rule unconstitutional behind its existence.


      The Exclusionary Rule shares no semblance from the Fourth Amendment that gives protection against search and seizure, but originates from the Fifth Amendment. Both establish no evidence may be used in court if obtained illegally or without a proper search warrant from a judge. The principle for this rule legally holds true under constitutional law in which evidence will not alter court proceedings. The purpose behind creating the exclusionary rule was deterring police from gathering information through illegal methods. For instance, by establishing this method in state or local jurisdiction hopes for eliminating police corruption and violations of individual rights from the Fourth Amendment would reduce such...

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