The Exclusionary Rule rights listed in the Constitution to have substance, there must be enforceable remedies imposed on the government for violations of those rights. United States as a remedy for violations of the fourth amendment 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 Court further stated that a court should not sanction illegal government conduct by admitting into evidence the fruits of that illegal conduct. In Silverthorne Lumber v.
Pros and Cons of the Exclusionary Rule Pros and Cons of the Exclusionary Rule 9 September Police A study by the General Accounting Office found that, of 2, cases in which defendants were likely to file a motion to suppress evidence, exclusion succeeded in only 1.
Moreover, the same study reported that, of the cases presented to federal prosecutors for prosecution, only 0. It has led to more professionalism among the police and increased attention to training programs. Fear that evidence will be excluded has forced the police to develop greater expertise in their work.
It preserves the integrity of the judicial system, because the admission of illegally seized evidence would make the court a party to violations of constitutional rights. It prevents the government, whose agents have violated the Constitution, from profiting from its wrongdoing. It protects the constitutional right to privacy.
Among their arguments are the following: It excludes the most credible, probative kinds of evidence—fingerprints, guns, narcotics, dead bodies—and thereby impedes the truth-finding function of the courts. It discourages internal disciplinary efforts by law enforcement agencies.
If police are disciplined when the evidence will be excluded anyway, they suffer a double setback. It encourages police to perjure themselves in an effort to get the evidence admitted.
Particularly in major cases, the police might feel that the end justifies the means: It is better to lie than to let a presumably guilty person go free. It diminishes respect for the judicial process and generates disrespect for the law and the administration of justice.
There is no proof that the exclusionary rule deters police misconduct. Only the United States uses the exclusionary rule; other countries do not. It has no effect on those large areas of police activity that do not result in criminal prosecutions.
If the police make an arrest or search without any thought of subsequent prosecution such as when they simply want to remove a person from the streets overnight or when they confiscate contraband so as to eliminate the supplythey do not have to worry about the exclusionary rule, because it takes effect only if the case goes to trial and the evidence is used.
The rule is not based on the Constitution; it is only an invention of the Court. It does not punish the individual police officer whose illegal conduct led to the exclusion of the evidence.
Among the proposals are the following: This proposal envisions a review board composed of nonpolice personnel to review allegations of violations of constitutional rights by the police.Essay on The Exclusionary Rule - The ‘exclusionary rule’ was created to put under limitations the Federal officials and United States courts as they exercise their powers and authority.
Additionally, it is in place to see that people maintain their own privacy and rights guaranteed in the Fourth Amendments. The exclusionary rule was created by judges, through case law, to prevent police misconduct. It prohibits the use of evidence obtained in violation of a person’s constitutional rights.
The exclusionary rule was established in the case of Weeks v. *Exclusionary Rule Evaluation Grading Rubric Must Be Followed. Watch the CJi Interactive video Exceptions to the Exclusionary Rule.
Write a to 1,word paper in which you analyze the rationale and purpose of the exclusionary rule and identify exceptions to the exclusionary rule. Read Should the Exclusionary Rule Be Abolished free essay and over 88, other research documents.
Should the Exclusionary Rule Be Abolished. Misperception: Jury trials are the most effective and truly unbiased form of decision making. Recent events seem to discount this. THE EXCLUSIONARY RULE EVALUATION 2 This paper will analyze the rationale and purpose of the exclusionary rule and identify exceptions to the exclusionary rule.
In my analysis, I will state the costs and benefits of the exclusionary rule, as well as alternative remedies to the rule and state my position on the exclusionary rule and prove support for my position.
Exclusionary Rule. The law, 18 U.S.C. section , provides that courts should weigh a number of factors in deciding whether a statement made by a suspect in custody was voluntary.