Exclusionary Rule Evaluation

In: Other Topics

Submitted By knightrider1985
Words 1402
Pages 6
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…...

Similar Documents

The Exclusionary Rule

...Should the Exclusionary Rule be abolished? What alternative remedy would you favor to prevent police abuse? Is this debate now largely symbolic? Please discuss. The exclusionary rule is a legal principle in the United States, under constitutional law, which holds that evidence collected or analyzed in violation of the defendant's constitutional rights is sometimes inadmissible for a criminal prosecution in a court of law. This may be considered an example of a prophylactic rule formulated by the judiciary in order to protect a constitutional right. However, in some circumstances at least, the exclusionary rule may also be considered to follow directly from the constitutional language, such as the Fifth Amendment's command that no person "shall be compelled in any criminal case to be a witness against himself" and that no person "shall be deprived of life, liberty or property without due process of law."(Calabresi, 2003) The exclusionary rule is grounded in the Fourth Amendment and it is intended to “secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”(U.S. Const.) The exclusionary rule is also designed to provide a remedy and disincentive, which is short of criminal prosecution in response to prosecutors and police who...

Words: 490 - Pages: 2

Postal Rule

...U.K DEGREE TRANSFER PROGRAMME (LAW) JULY’10 Name | Alexander Richmond Bin MindiongDouglas Lim Teng YangYang Xi | Student I.D | | Submission Date | 20th Sept 2010 | Words Count | 1732 Words | Subject Code | DL2(Law of Contract) | Assignment Question: You are requested to write an assignment on the 'Rationale & relevance of the postal rule of acceptance in the 21st century' by analyzing the possibility of acceptance by post according to the current practice. (You can supply your reasoning for the rule, cite the relevant case laws, search for articles written on this & conclude with your opinion as to whether it need to be abolished or not & why?) CONTENT | | Pages | I | Questions | 2 | II | Content | 3 | III | Introduction | 4-5 | IV | Traditional View | 5-6 | V | Modern View | 6-8 | VI | Conclusion | 8-9 | VII | Bibliography | 10 | Introduction of Postal Rule To form a contract, it usually requires offer and acceptance. Acceptance is an expression by words or conduct of assent to the terms of the offer. It shall be clear, unequivocal and unconditional as prescribed by the offeror. It is a moment when contract exist (that there is consensus ad idem). The general rule of acceptance is been stated in the case of Entores Ltd v Miles Far East Corporation, Lord Denning claims that an acceptance does not usually valid until it is reached to the knowledge of the offeror. This principal also applies to others modes of...

Words: 1745 - Pages: 7

Exclusionary Rule

...Raven Jones David Harper CJA/364 September 17, 2012 Exclusionary Rule 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...

Words: 632 - Pages: 3

The Exclusionary Rule

...THE EXCLUSIONARY RULE Geoff Moore LSTD503 CRIMINAL JUSTICE PROCESS The Exclusionary Rule In 1763, William Pitt spoke in front of Parliament. In that speech he stated that the King of England cannot enter with all his forces. It can be said that the American colonists went to war, the Revolutionary War, with England to stand up for their rights. One of those rights was the protection from illegal searches and seizures. When the Congress debated on the wording of the Fourth Amendment, they had an extreme importance of needed protection from government encroachment. The Fourth Amendment to the United States Constitution was designed and written specifically to protect citizens from illegal searches and seizures: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” [1] The exclusionary rule excludes evidence that was collected from an illegal search from being presented to convict someone of a crime. It is asserted to reject illegitimate police behavior by not allowing unlawfully seized evidence from being allowed in court. [2] When defense lawyers use the exclusionary rule, properly, it consistently damaging the district attorney’s case. This is why the officers are constantly...

Words: 4522 - Pages: 19

Exclusionary Rule

...What is the Exclusionary Rule and what is an example? What are the expectations of the rule? How does the Exclusionary Rule apply to criminal procedure? Compare and contrast the criteria (including rationale) on which the Exclusionary Rule was based.  Should the rule be abolished?  Are there better alternative remedies to the rule and if so, what are they? The exclusionary rule essentially excludes evidence illegally obtained or in evidence obtained in violation of the Fourth Amendment (Lippman, 2011, p. 423). While the exclusionary rule is reactionary in nature and is used as a last resort relative to evidentiary admissibility, certain principles have been established that restrict or constrain it (p. 423). For example, claimants must be able to show their Fourth Amendment rights have been violated. While the exclusionary principle was developed in order to delimit unlawful or excessive police action, self-appointed citizens acting as police without authority to do so, etc., the exclusionary principle is not always applicable (Ferdico, Fradella, & Totten, 2013, p. 89). For example, evidence obtained by police acting in good faith, upon the belief that the search was legal might be included (p. 431). In fact, Lippman (2011) contends that attenuation and collateral proceedings such as preliminary hearings, may also inform the admissibility of evidence (Lippman, 2011, p. 414, 431). For understandable reasons then, numerous cases raising questions about Fourth Amendment......

Words: 311 - Pages: 2

Exclusionary Rule

...Exclusionary Rule Paper CJA/364 July 10, 2013 Bretton Barber Exclusionary Rule Paper The exclusionary rule as it applies to the field of criminal justice is one that was put in place with the Fourth Amendment, that states all citizens are protected from illegal search and seizure. The exclusionary rule basically adds that evidence that is obtained illegally is not permissible in court. There are many views in favor as well as opposition of the exclusionary rule, because of the purpose and exceptions. The purpose of the exclusionary rule is to accompany the fourth amendment, reinforcing the rights of citizens to be protected from illegal search and seizure by law enforcement. Without the exclusionary rule being enforced by the court system the fourth amendment would stand as a mere suggestion, allowing law enforcement to possibly use evidence obtained illegally to be used against the accused person. This rule serves mainly as a deterrent to police officers from misconduct. There are several exceptions to the exclusionary rule, which always makes for controversy. One of the exceptions to the exclusionary rule is that if it can be proven that the evidence obtained illegally would have been discovered eventually, it can be permitted. Another exception is that the defendant cannot take advantage of the police breaking the rules of the fourth amendment to obtain evidence to their advantage, to avoid any other evidence that may be used against them. The reason these...

Words: 657 - Pages: 3

The Exclusionary Rule

...Exclusionary Rule Student’s Name Institutional Affiliation Exclusionary Rule is constructed on the state constitution of the United States, which requires that evidence or materials qualifying as such, obtained by the arresting or case officers in violation of a suspect's right of freedom from unwarranted searches and arrests are not admissible in the said suspect's case in court. That is; the exclusionary rule dismisses evidences that are obtained by abusing a delinquent's fourth amendment rights. The amendment is mandated to protect the citizens from illegal searches and arrests by law enforcing agencies. Per se, it can be regarded as the hallmark to the flourishing respects for the fourth amendment right in the United States. It is imperious to acknowledge that the rule was made in courts and not the conventional legislative protocols that involve statutes and members of the congress. It was a creation of the Supreme Court and, thus its application is confined within the jurisprudence of the legal system. The historical development of the exclusionary rule dates back to the 1990s. Whilst the development of the rule itself is uniquely American portent, the principle it protects and the justifications for its existence links to the vey origin of western civilization. To effusively grasp the advent of the exclusionary rule as promulgated in Boyd v. United States, it is critical to identify the theoretical foundations of law developed in Britain and America...

Words: 2336 - Pages: 10

Exclusionary Rule

...Exclusionary Rule Imagine you are home than all a suddenly you hear a big bang at your door with white smokes scattering your house. Ten seconds later police officers in full gear rush in detaining you saying that they have the right to enter to search your house and took you to the police station for questioning. Once, at the police station the investigator force you to confess to the crime that you didn’t commit. After being force to confess you were charged for robbery because you match the description of the suspect they were looking for along with the same matching evidence and your confession. Officers also found a weapon that match the weapon that was use in the crime. You ask for an attorney but since there is no law saying that you can’t be appointed an attorney. At the court house the evidence that officers obtained was use against you and confessing to the crime. The judge rules that you are guilty without a hearing. But really you were set up by your twin brother because he was next in line for the CEO position of your business. Because there were no rights protecting you, you were wrongfully accuse and charged for the crime you didn’t do. This wouldn’t have happen if there was a rule call the Exclusionary rule, evidence gather by search and seizure in violation of the Constitution is dismiss from the state court explained Jared W. Olen, author of Jared W. Olen Website. The Constitution was created as a law of the country to govern the people and give them...

Words: 1225 - Pages: 5

Exclusionary Rule Evaluation

...Running Head: 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 author will state their position on the exclusionary rule and provide support for their position. The author will also include support from two peer reviewed sources. The Fourth Amendment to The Constitution of the United States reads: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrant shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized." (The Exclusionary Rule. (n.d.). Retrieved May 24, 2015) the exclusionary rule prevents government from using evidence that is retrieved in violation of the United States Constitution. This rule was made as a deterrent to law enforcement to prevent further unlawful searches and seizure from continuing to happen. The exclusionary rule was created for court purposes it is not an independent constitutional right...

Words: 864 - Pages: 4

Evaluation

...April 3, 2016 C H A P T E R 3 Evaluation Methods Learning Objectives 1. Recognize differences between evaluation methods and how they support the human factors design cycle 2. Design formative and summative human factors studies 3. Understand representative sampling and the implications for study design and generalization 4. Design an experiment considering variables that are measured, manipulated, controlled, and cannot be controlled 5. Interpret results and recognize the limitations of a study 6. Identify the ethical issues associated with collecting data with human subjects 1 April 3, 2016 PURPOSE OF EVALUATION 3 TIMING AND TYPES OF EVALUATION 5 LITERATURE REVIEW, HEURISTIC EVALUATION, AND COGNITIVE WALKTHROUGHS USABILITY TESTING COMPREHENSIVE EVALUATION AND CONTROLLED EXPERIMENTS IN-SERVICE EVALUATION 5 7 8 9 STEPS IN CONDUCTING A STUDY 10 STUDY DESIGN 11 ONE FACTOR WITH TWO LEVELS ONE FACTOR WITH MORE THAN TWO LEVELS MULTIPLE FACTORS BETWEEN-SUBJECTS DESIGN WITHIN-SUBJECT DESIGNS MIXED DESIGNS SAMPLING PEOPLE, TASKS, AND SITUATIONS 13 13 13 14 14 14 15 MEASUREMENT 15 DATA ANALYSIS 16 ANALYSIS OF CONTROLLED EXPERIMENTS ANALYSIS OF DESCRIPTIVE STUDIES 16 17 DRAWING CONCLUSIONS AND COMMUNICATING RESULTS 18 STATISTICAL SIGNIFICANCE AND TYPE I AND TYPE II ERRORS STATISTICAL AND PRACTICAL SIGNIFICANCE GENERALIZING AND PREDICTING...

Words: 11755 - Pages: 48

Exclusionary Rule

...Weeks v. United States (1914) Fremont Weeks was arrested and charged with using the U.S. mail to conduct an illegal lottery. The police searched Week’s home and turned over articles and papers to a U.S. marshal. The marshal and the police also searched Week’s bedroom and confiscated other documents and letters. Week’s home was searched without a valid search warrant. Weeks was convicted of a federal offense based on the incriminating evidence seized from his home. On appeal to the U.S. Supreme Court, Week’s conviction was overturned. The Court held that evidence obtained by unreasonable search and seizure must be excluded in a federal criminal trial. The Court also held that the Fourth Amendment barred the use of evidence obtained through illegal search and seizure in a federal prosecution. With this ruling, the Court established the exclusionary rule. Mapp v. Ohio (1961) On May 23, 1957, three police officers went to the home of Dollree Mapp to search for a man, who was wanted in connection with a bombing at the home of Donald King. The police officers knocked on the door and demanded entry. Mapp telephoned her attorney, and the attorney advised Mapp to refuse the police from entering her home without a search warrant. Three hours later, the police arrived again and forced their way into Mapp’s home. As the police officers began to searched the home, Mapp demanded to see a search warrant. One of the officers held up a piece of paper purported to be a...

Words: 669 - Pages: 3

The Exclusionary Rule

...Crim 1010 24 Oct 2011 The Exclusionary Rule Everyone knows about the concept that they have the right to privacy and cannot be searched without a proper warrant. Unfortunately, many people don’t know about the exclusionary rule, which is what actually protects us from unlawful searches. With the growing problem of police misconduct, the exclusionary rule was put in place to curb this misconduct. This rule basically is what enforces the fourth amendment stating that if any evidence is obtained through an illegal search or seizure of a person or their property, it will be suppressed in court. In order for the exclusionary rule to be in effect, there are three main criteria that must be met. For starters, an officer of the law must have performed an illegal action. Next, evidence must be secured. Finally, the first two criteria must have at least a slight coincidence with each other. Even if all three of these are present, if they can’t all be proved, the exclusionary rule would be exempt. It is the defenses job to notice if this has happened and file a petition to suppress the evidence obtained. When this occurs, the prosecution must then prove them wrong. It’s kind of a “guilty until proven innocent” situation for the prosecution. There are three exceptions that the prosecution should look at when trying to prove their case. The Independent Source doctrine is the first exception. This doctrine says that if evidence is...

Words: 502 - Pages: 3

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...

Words: 1402 - Pages: 6

Disadvantages of the Exclusionary Rule

...Disadvantages of the Exclusionary Rule Abstract The Exclusionary Rule was established to deter police misconduct in obtaining evidence. The doctrine stipulates that evidence obtained in violation of the Fourth Amendment cannot be used as proof of the defendant’s guilt in criminal court. However, the Exclusionary Rule has had adverse effects. For instance, it has negatively influenced the conduct of police officers. It is apparent in their disregard of the law to secure convictions. Officers have even resorted to lying under oath before judges to ensure evidence is admitted in court. Matters are made worse by the fact that law enforcement agencies do not reprimand these offending officers and judges ignore the fabrications to allow the proof. In turn, they continue to stay involved in illegal activities. Disadvantages of the Exclusionary Rule Once upon a time law enforcement agents detected and investigated crimes, gathered evidence to convict criminals, and ensured that the guilty were sent to prison. Unfortunately, during that same time, those very same officers invaded people’s privacy and unreasonable searches and seizures were the norm. It did not matter whether a person was innocent or guilty of a crime. Officers of the law could conduct warrantless searches, search anywhere they wanted, and seize any evidence they felt proved a person’s guilt. Nowadays, with the Fourth Amendment secure in the Constitution and the Exclusionary Rule in place you would...

Words: 1777 - Pages: 8

Exclusionary Rule Evaluation from the Fifth Amendment Comes the Exclusionary Rule Which Affirms That No Entities or Things May Be Used and Showed in Court If Taken Unlawfully or Without Appropriate Search Warrant.

... retribution, criminal must suffer for the arm done to the society, and it is court responsibility to see that they do so. This responsibility is to protect the public, deter criminal behavior, and get criminals off the streets. The court should not be solely concerned with giving the accused a fair chance. Rather than using due process rule as equalizers, the court should use them as protection against blatantly unconstitutional act. For example, detectives who forcefully collect information or confession from a suspect has infringed on suspect constitutional right. However, if a detective attain confession from a suspect by the way of tricks, the court should allow he confession to stand because it is not in society’s interest that the law enforcement be deterred from outwitting criminals. In criminal justice system, the Supreme Court plays he important role of ultimately deciding when due process has been violated and when it has not. This is not a role that the court has always embraced according to history; the court did not apply the Bill Of Right to criminal procedure in state trial. If state procedures were fair and due process rights were not violated, there is no need to burden the states with the Bill of Right. The challenges to due process are the fact that it does not automatically doom law that may infringe on procedural or substantive right. In certain circumstances, the law making body may be able to prove that its interests are greater than the......

Words: 1082 - Pages: 5