ipl-logo

Arguments Against The Exclusionary Rule

676 Words3 Pages

The exclusionary rule, as applied today, states that any evidence that was found using an unconstitutional method is also unconstitutional; therefore, inadmissible in court. This is because criminal proceedings are to be fair and impartial (i.e. “reason and truth”). I agree, by allowing the exclusionary rule into proceedings, the rights of the defendants are protected. Although the defendants may be guilty, there has to be a system in which the police should also be held accountable for the way they proceed in practice. The criminal proceeding is adversarial with the ultimate goal for both sides being to let the evidence and circumstances prove the truth; therefore, the way the evidence is gather should be a critical element towards a conviction. …show more content…

A system that does not establish guidelines and follows the constitutional provisions is a system that is more susceptible to corruption. As in the case of Mapp v. Ohio, the evidence would not have been held inadmissible in accordance to the exclusionary rule if the police would have taken the time get a warrant stating where to search and for what specific person or objects (warrant was not presented during trial) and the police should have communicated and cooperated with the defendant’s attorney. It may not be reasonable to let a guilty individual go free, but it is also not reasonable to violate constitutional rights. The fault of the release would then fall on the improper procedures of the officers, not the

Show More
Related
316 Words | 2 Pages

In Wolf vs. Colorado the Supreme Court had decided that it did not. Illegally obtained evidence could be used in trials because the 4th amendment did not apply to states. The principle became known as the exclusionary

Read More
475 Words | 2 Pages

Donald Dripps model on The Contingent Suppression Order creating a “hybrid model” which combined the exclusionary rule and damages would only work in the real world if there was an accurate compensatory model that would be appropriate to each charge. According to Dripps model, “The judge is offering to rescind one, purely deterrent, remedy if and only if the government submits to another remedy that deters equally and compensates better. I can see absolutely no plausible argument that such a contingent suppression order exceeds the judge’s authority relative to the government.” (Dripp, 2001, pg. 23) Dripps supports his model by pointing out the areas in which a judge could vindicate the constitution without freeing the guilty. Therefore, Dripp proposal makes it clear that

Read More
853 Words | 4 Pages

custodial interrogations do not need to be recorded to satisfy the due process requirements in the United States. Moreover, there were seven police officers that testified one of which was not even part of their Department so it stands to reason that it is unlikely that seven officers would attempt to circumvent the law. However, it should be noted It is believed that there should be a remedy to the law as the recording of evidence allows for a quicker and more effective examination of the interrogations and better protect the rights of citizens. “An exclusionary rule is a drastic remedy. I believe such a drastic remedy should be applied only after a full hearing of all the policy implications and with adequate notice to law enforcement.

Read More
450 Words | 2 Pages

I don’t think officer did it right by violating the exclusionary rule, but if they believed that it was too dangerous for them, they sure did it right. I believe

Read More
372 Words | 2 Pages

The Supreme Court in view of crime and other dangers-offers police mobility in containing crime. In response to the crime in the early 1960’s, Orlando W. Wilson states how police in order to discover and eliminate crime, they must have the authority to question suspects under “reasonable suspicion and search a suspect on reasonable ground.” Usually when a Police officer needs to hold someone in arrest or search a suspect they must have a warrant. This idea proposed by Wilson is to search or talk with a suspect without a warrant only when provided by reasoning that said suspect producing suspicious behavior. This may seem as too much power in the hands of the police but this suggestion does not justify searching anyone and everyone.

Read More
656 Words | 3 Pages

In today’s world a structured society cannot stand without the clear establishment of rules and laws that all citizens are forced to follow if there is to be any hope of peace. In these societies police fill the role of enforcer to these rules and have an obligation and duty to follow these rules to a much stricter degree because if they fail to comply with the law it leaves little hope anyone else will. Cases fill our nation’s criminal justice history with examples of law enforcement and other agencies working against the law and even breaking it in order to obtain the “greater good” and that can be seen in Imbler v. Pachtman (Samaha page 437). In this case a District attorney by the name of Richard Pachtman basically lied threw out the case and decided to pick and choose which evidence best suited his trial needs (Samaha page 437). When the truth finally came out he was protected by immunity and could only be sued in civil court (Samaha page 437).

Read More
584 Words | 3 Pages

The police violated Wolf’s rights and since there was no warrant for arrest or warrant to search his office the police was trespassing. The police officer who violated his rights was to be punished by his superiors. The judges decided that using such evidence goes completely against the Fourth Amendment which is a basic need to our freedom. States should follow this law but are not directly forced to. States using evidence that should be excluded in their “statute becomes a form, and its protection an illusion,”(Wolf v Colorado, 1949).

Read More
1872 Words | 8 Pages

41. Mapp v. Ohio (1961): The Supreme Court ruling that decided that the fourth amendment’s protection against unreasonable searches and seizures must be extended to the states. If there is no probable cause or search warrant issued legally, the evidence found unconstitutionally will be inadmissible in the courtroom and not even considered when pressing charges. The exclusionary rule, in this case, is a right that will restrict the states and not just the federal government, including the states in more of the federal rights as outlined in the Constitution.

Read More
222 Words | 1 Pages

In the United States Constitution, the Fourteenth Amendment, along with the Fifth Amendment, guarantees all citizens the right to due process of the law in all criminal proceedings. If we are to followed what is stated by the Constitution, the United States criminal justice system should adopt and use the Due Process Model. The hypothetical situation that is presented to us in chapter two using the Crime Control Model clearly has many flaws. When the officer pulls up to scene of the crime it is immediately established that the man with the gun is the criminal.

Read More
352 Words | 2 Pages

The main three arguments: (1) Critics argued that the rule does very little to deter police misconduct. They claim that most constitutional rights violations are unintentional and the potential for exclusion of evidence will not prevent such accidential violations. The police act in bad faith and officers will often commit perjury to cover Constitutional rights violation. Supporters of the exclusionary rule respond that the rule is not intended to deter individual officer but is intended to have a broader, systemic deterrent effect (general deterrance). Supported by that fact that many police departments have amended their policies in the wake of the Mapp decision and encouraged their officers to adhere to constitutional safeguards.

Read More
616 Words | 3 Pages

Fourth Amendment Is the exclusionary rule a benefit to us as a country or is it a hindrance to stopping criminals? When this country was in its infancy and we were part of another kingdom. We were being oppressed and harassed unnecessarily by the government. The present government at the time, which was the King of England was in the habit of searching people 's houses and persons, confiscating papers and effects without due process because they were attempting to stifle dissent (Gutzman, 2007).

Read More
505 Words | 3 Pages

The idea that law enforcement can accurately detain suspects and find the truth in an informal setting as explained by the Crime Control Model is essentially thrown out, due to the basic psychology that “people are notoriously poor observers of disturbing events” (7). To keep this system running the Due Process Model is reliable because it calls for the “prevention and elimination of mistakes” (8). The Due Process Model also addresses that “power is always subject to abuse” and that “using maximal efficiency means maximal tyranny,” and how this can be stopped since the Due Process Model advocates for the rights of the accused (8). Also, the Due Process Model operates on the idea that you are innocent until proven guilty. Finally, where the Crime Control Model emulates an assembly line, the Due Process Model imitates an obstacle course, where law enforcement is hindered at every step by protective rights of the

Read More
493 Words | 2 Pages

The exclusionary rule is a lawful principle that the United States use, which expresses that the confirmation that was powerfully utilized by the police can 't be utilized in a criminal trial. The motivation behind why this is done it’s for the security of the established rights. In addition, the exclusionary rule states that in the Fifth Amendment no one "should be denied of life, freedom, or property without due procedure of law." The exclusionary rule additionally expresses that in the Fourth Amendment it is intended to shield residents from unlawful pursuits and seizures. It also applies to the infringement of the Sixth Amendment, which ensures the privilege to counsel.

Read More
452 Words | 2 Pages

The exclusionary rule should not apply to illegal arrest; considering, the Supreme Court has made it clear that the exclusionary rule does not apply to people arrested unlawfully; however, only evidence obtained illegally. (Hall, 2014) If the behavior of a government agency is an outrageous, shocking, and gross invasion of a defendant's constitutional rights, he or she may be free. (Hall, 2014) The Supreme Court has expanded legal luminary described as a "constitutional revolution" interpretation of "due process.

Read More
920 Words | 4 Pages

Crime Control Orientation versus Due Process Orientation The main purpose of the crime control orientation is to secure peace by arresting as many law violators as possible, as fast as possible, and by using as few resources per arrest as possible (Kraska, 2004). Furthermore, because the defendants are presumed guilty (otherwise they would not have been arrested), releasing suspects due to procedural mistakes is wrong. In other words, suspects are guilty of their alleged crimes, otherwise law enforcement authorities would not spend the resources trying to prosecute the person (i.e., effective crime control does not focus on innocent people). It is believed that this quantitatively based tough-on-crime policy can be achieved by efficiently

Read More

More about Arguments Against The Exclusionary Rule

Related Topics

Open Document