The Constitution The Exclusionary Rule - 1893 Words

Fourth Amendment to the US Constitution: The Exclusionary Rule Austin Cole Renslow Mountain View High School Abstract The exclusionary rule protects evidence that was found through unconstitutional methods from being used. The Fourth Amendment is a part of the Bill of Rights and it was a focal point to protect their citizens due to the British abusing their powers and trespassing during the 1700s. It is currently a heated topic of discussion in society due to the San Bernardino shooting. The exclusionary rule is involved in that shooting because the FBI is requesting access to iPhones to prevent further shootings however, some argue that the FBI would not be able to use the evidence due to the fact that they would be violating our Fourth Amendment. This scenario ties into the different viewpoints of the controversial topics. Constitutionalist, Tim Lynch, believes strongly in the exclusionary rule and its purpose of deterring officers from breaking the Fourth Amendment while plenty of officers firmly believe that it should be abolished since it has led to guilty criminals that have incriminating evidence walk free based off of how the evidence was acquired. I personally believe that the exclusionary rule is an important part of the judicial system and is a good well-written rule that protects our freedoms from being violated by law enforcement. Policy Identification The Fourth Amendment of the United States Constitution protects the citizens from unreasonableShow MoreRelatedCriminal Justice and Leading U.S. Supreme Court Cases, Annotated Bibliography1035 Words   |  5 Pageslevels and the limitations within the scope of their practice. It also explains the Exclusionary Rule. Schmalleger, F. (2009). Criminal Justice Today, 10th ed. Upper Saddle River, NJ Pearson/Prentice Hall. Criminal Justice Today is a comprehensive reference that encompasses all aspects of the criminal justice system. It further details but is not limited to court cases, individual rights, and the United States Constitution. Walker, S., Katz, C. M. (2008). The Police in America: An Introduction (6thRead MoreThe Evolution of the Exclusionary Rule1733 Words   |  7 Pages The Evolution of the Exclusionary Rule A Historical Analysis And How It Stand Today April Herald Criminal Justice Abstract From historical analysis, this work highlights key cases that have influenced the evolution of the Exclusionary rule and where it stands today. The purpose of this paper is to inform people of the importance of our constitutional rights, especially the fourth amendment when concerning a criminal prosecution. The exclusionary rule is set in place to ensure justiceRead MoreExclusionary Rule is a Long-standing Doctrine in American Criminal and Constitutional Law1277 Words   |  5 Pages The exclusionary rule is one of the longest-standing doctrines in American criminal and constitutional law. It is a rule designed to limit police and the state’s prosecution in how they can collect and use evidence. In the simplest sense, the exclusionary rule states that evidence collected or analyzed by the state in violation of the constitution cannot then be used in a criminal court proceeding. It is, in essence, excluded from use in an attempt to secure a conviction. While this simple lookR ead MoreExclusionary Rule : Criminal Law1571 Words   |  7 Pages Exclusionary Rule Criminal Law Kenneth Shelton 3/20/2016 â€Å"We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.† – Schoolhouse Rock (Preamble). Many people have heard this song and know it by heart from watchingRead MoreExclusionary Rule Evaluation872 Words   |  4 PagesHead: 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 authorRead MoreLegal Evolution of the Exclusionary Rule Essay1607 Words   |  7 Pages The Constitution of the United States was designed to protect citizens civil rights from infringement by the government and law enforcement agencies. The Constitution guarantees that the civil liberties of the people of this country shall be respected and upheld. That fact is often considered to be common knowledge and taken for granted by the vast majority of the population. However it was not always that way. American legislation is constantly growing and developing. New rules and practicesRead MoreExclusionary Rule And The Rule Of Law1385 Words   |  6 PagesExclusionary Rule Many constitutions all over the world provide basis for innocence until proven guilty. As such, the courts of law must always factor in the provisions of criminal procedure and natural justice when cross-examining offenders. In light of this, the exclusionary rule allows a defendant to argue his case if his privacy rights were violated before arraigned in court. In essence, the provisions of the exclusionary rule prevent the government authorities and machinery such as FBI and CIARead MoreCrimianl Justice1307 Words   |  6 PagesProvide an example of the exclusionary rule. A right to be free from unreasonable searches and seizures is declared by the Fourth Amendment, but how one is to translate the guarantee into concrete terms is not specified. Several possible methods of enforcement have been suggested over time; however, the Supreme Court has settled, not without dissent, on only one as an effective means to make real the right. An example would be if a police officer stops a driver for speeding, and in the courseRead MorePros And Cons Of The Exclusionary Rule1017 Words   |  5 Pagesthe one that we will be discussing in this paper is the exclusionary rule. It is the introduction of a good evidence, that it is obtained by a bad law enforcement, is most common in the United State than other countries legal system. To put it in other words, the exclusionary rule is controversial. Therefore, many experts say that it sets criminals free on minor points. In this paper, I will speak about the pros and cons of the exclusionary rule, how it is effecting the criminal justice system of theRead MoreThe Effects of the Exclusionary Rule600 Words   |  3 PagesThe Effects of the Exclusionary Rule In 1787, the Constitution was established in order to set forth and establish the government. Later in 1791 the states called for further Constitutional protections which caused the first 10 amendments to the Constitution known as the Bill of Rights to be established. The Bill of Rights dictated the basic rights afforded to all American citizens. Over the years legal professionals have argued and attempted to manipulate the exact meaning of each of the amendments