In: Other Topics
Exclusionary RuleRaven Jones
September 17, 2012
Have you ever thought about what our country would be like if we did not have any rules or regulations? It would be a world of chaos, and would not be enjoyable. One rule we could never live without is the exclusionary rule. The exclusionary rule is protected by the Fourth Amendment. The exclusionary rule states that any evidence collected that violates the criminal’s right can not be used in court. The only way that illegal evidence may be used in a court room, is IF and WHEN the lawyer can prove to the judge that there is nothing linking misconduct by the police and gathering the evidence.
The exclusionary rule has one sole purpose. That purpose is to deter police misconduct instead of punishing the errors of judges. The rationale for the exclusionary rule that was given by the courts was unclean hands. Unclean hands is a legal document which states that a person that is asking for judgment may not receive any help from the court if they have any unethical actions in regards to the lawsuit (“The Exclusionary Rule, n.d.”). There are many different exceptions to the exclusionary rule. Good faith exception is a document that gives exception to the exclusionary rule when evidence is collected illegally. The only way it can be submitted in court is if the police officer is acting in good faith.
Another exception to this rule is if a second un-poisoned or untainted source had a major role in finding the evidence. If there is evidence that can be used to criminate an individual during the cross examination, it also can and will be considered an exception. There have been many objections to the exclusionary rule. There have been arguments that the exclusionary rule in no way helps the people who are innocent of police mishaps. It has also been stated that the exclusionary rule has caused police officers to commit perjury.
One benefit to the exclusionary...