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Exclusionary rule meaning and purpose essay
Exclusionary rule
Exclusionary rule meaning and purpose essay
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More handpicked essays just for you.
Exclusionary rule meaning and purpose essay
Exclusionary rule
Exclusionary rule meaning and purpose essay
Don’t take our word for it - see why 10 million students trust us with their essay needs.
The Bill of Rights was created for all citizens to be guaranteed the protection of basic rights. However, this was not situation regarding Sam Wardlow’s case. Mr.Wardlow was arrested on September 9, 1995 by Officer Nolan. Sam Wardlow was seen standing next to a building holding an opaque bag. According to reports, Mr.Wardlow looked in the direction of the officers and began to run.
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
Terry had filed to the District Court of Cleveland because he wanted the evidence that was found on him thrown out. Terry had felt that the evidence that was found on him violated his Fourth Amendment; which is the people’s right against search and seizures. In an eight to one decision, the court had decided that McFadden, the police officer, had enough probable cause to search him and that it did not violate the Fourth Amendment.
The majority explained that the Fourth Amendment, as applied to the States through the Fourteenth Amendment, allows for officers to arrests without a warrant where officers have probable cause to believe a suspect has committed a crime in the presence of the officer. In this case, the officers undoubtedly concluded that a felony had been committed, and the question for the Court was if the officers had sufficient probable cause to believe that Pringle had committed a crime. According to Chief Justice Rehnquist, that question was a fact dependent investigation as to whether circumstances allowed officers to conclude not only that a crime was committed but to have specific suspicion of Pringle. In the written opinion Justice Rehnquist stated that three men riding in a car where drugs are found, with all three suspects denying possession, affords officers probable cause to conclude that one or all have committed a crime. The Court rejected Pringle’s assertion that the probable cause in this case amounted to “guilt by association,” distinguishing this case from others in which searches of groups had been limited.
The exclusionary rule explain that collected evidence must not be a violation of the defendant’s constitutional rights or else it could be inadmissible in court. The four exceptions to the Exclusionary rule are the Good-Faith exception, the Plain-View Doctrine, Clerical Errors Doctrine, and the Emergency Searches of Property. The exceptions are used to protect officers if they do something in good faith or in emergency. However these exceptions are only used to protect the officers who acted in good faith. This exceptions cannot help officers if they acted with malicious intent.
This ruling is controversial because many say that this will let guilty people go free on police carelessness, while others say that the constitution is not a technicality and allows for the equal prosecution of all
Furthermore, there are a few alternatives to the exclusionary rule that could deter police violating constitutional rights. As mentioned in the textbook Civil Lawsuits,
The Exclusionary Rule is an important constitutional principle of modern criminal procedure law in the United States. Generally, it prohibits the summary at criminal trial of any evidence seized or otherwise obtained in violation of the Fourth Amendment to the Constitution. Under the Exclusionary Rule, unsuitably obtained evidence that leads to the subsequent discovery of other incriminating evidence automatically invalidates or "poisons" the newly discovered derivative evidence in the same way that a poisonous tree taints the fruits growing on any of its branches. While it stems from the Fourth Amendment, it is not actually enclosed anywhere within the text of the Constitution or its Amendments. In fact, it was judicially shaped more than a century after the Constitution was approved in 1789 and the Fourth Amendment
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).
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.
Complications of the Exclusionary rule include cases in which the Exclusionary Rule cannot be applied to, in light of certain special circumstances. One example of complications is the “Good Faith” exceptions in which honest mistakes were made in the seizure of evidence, therefore, making them admissible. The complications portion of the essay will also cover the arguments against the Exclusionary rule, as it complicates police procedures, integrity, and liability. The real world cases portion will focus on significant cases where the Exclusionary Rule was related to.
Increasingly in today’s growing population centers and with a technology minded society, the risk of invasion to one’s privacy seems almost an absolute given today. The federal government and public law enforcement’s use of technology to fight crime today has significantly elevated from the days of wiretapping a traditional home or business phone line or a good ole fashion stake out by the detectives. However, as the American population has grown, so has American crime rates. Furthermore, as police departments struggle to recruit high quality applicants, and faced with increasing fiscal constraints, so too has the perception that crime is growing at a rate in which state and federal law enforcement cannot keep up.
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.
If we look at into the various ingenious devices developed by the Courts to contain the mischief of exclusionary clauses usually incorporated in the standard contract is wide. Most importantly Exclusion clauses are the main sources of in standard contract. Exclusion clauses usually written down that say that one party to the contract will not be responsible for certain happenings. For example, if you join a gym, it is common for the contract to say that the gym owner will not be responsible if you are injured while exercising. If you arrange to park your car in a public carpark for a fee, the owner will often seek to include in the contract a provision that they will not be responsible for damage to your vehicle or theft of goods from it, while
The terminology of the Exclusion clause in a contract is a condition, which aims to preclude one of the parties from accountability or stint the citizen's liability to exact listed terms, conditions, or circumstances. It can be inserted into a contract, which intends to keep out or restrict one's responsibility for breaking a contract or lack of due care (negligence). If somebody sells goods, and some of the products might go wrong. This failure would make him/her accountable to compensate the consumer.