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Pros And Cons Of The Exclusionary Rule

1191 Words5 Pages

The exclusionary rule should be retained because the suppression in federal and state prosecutions of evidence seized by police in violation of the fourth amendment should be reconsidered (Falk, 2010). According to the Washington law review, the focus is more on the alternatives that can be put in place of the exclusionary rule. According to this article, the appropriateness of the rule as a means of enforcing admonitions has a pawned hundreds of law review articles. The Supreme Court on its part may decide to do away with the entire doctrine. This article looks at the alternatives or supplementary enforcement devices that have been proposed over the years. Many observers claim that the rule is peculiar with reference to the laws of victimless crimes that normally force police to employ illegal means of law enforcement. According to this article, if trimming the overreach of the criminal law would substantially reduce the incidences of illegal searches and seizures then the difficulties associated with the exclusionary rule may be done away with. Arguments for and against the exclusionary rule focus mostly on whether it is constitutionally compelled, whether the rule deters violations …show more content…

(2012, October 5). House, Senate Squabble Over Drug-fighting Provisions. Washington Bureau , pp. 3-5. Falk, G. (2010). The American Criminal Justice System: How it Works, how it Doesn't, and how to Fix it. Chicago: ABC-CLIO. he New York Times. (2013, June 26). Senate Defeats Proposal To Broaden Police Powers. Senate Defeats Proposal To Broaden Police Powers , pp. 43-53. Lane, C. (2013, May 19). Court Revisits Search Powers. The Washington Post , pp. 14-15. May, J. C. (2011). The Texas State Constitution. Texas: Oxford University Press. Neubauer, D., & Fradella, H. (2013). America's Courts and the Criminal Justice System. washington: Cengage Learning. Savage, D. G. (2011, january 15). Top court gives prosecutors more leeway. Tribune Washington Bureau , pp.

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