Free

Exclusionary Rule Evaluation - Essay Example

Comments (0) Cite this document
Summary
Exclusionary Rule Abstract Exclusionary rule is controversial at some point as it could be substantially explained in detail based on the issue about crime control and due process models. In this paper, the proponent tries to include the rationale and the purpose of Exclusionary Rule, including its costs and benefits and alternative remedies…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER95.5% of users find it useful
Exclusionary Rule Evaluation
Read TextPreview

Extract of sample "Exclusionary Rule Evaluation"

Exclusionary Rule Exclusionary rule is controversial at some point as it could be substantially explained in detail based on the issue about crime control and due process models. In this paper, the proponent tries to include the rationale and the purpose of Exclusionary Rule, including its costs and benefits and alternative remedies. The proponent’s stand on this issue is also included. Keywords: Exclusionary rule, searches, seizures Rationale and purpose of Exclusionary Rule Exclusionary Rule prevents the use of gathered evidences that are illegally seized in the law enforcement because of not observing the right of suspect to be free from unreasonable searches and seizures which is subject of the Fourth Amendment (Del Carmen, 2009, p. 92). However, any violation of the suspect’s rights especially in the process or procedure of gathering evidences may still invalidate the information to be used in the court, but they could not be suppressed under Exclusionary Rule. The purpose therefore of the Exclusionary Rule is to implement the due process model from the perspective of the perpetuator, suspect or the culprit. This is also a way to protect an individual to obtain certain rights especially on giving a fair process or procedure in gathering of evidences. Exclusionary Rule is therefore an integral component of the due process model. Under this rule, there is a need for giving equal treatment on protecting the innocent in the same way as employing punishment of the guilty (Braswell, McCarthy & McCarthy, 2011, p.81). Employing punishment of the guilty is certainly under the scope of Exclusionary Rule as the suspect’s rights are especially highlighted most importantly on unreasonable searches and seizures. In other words, under Exclusionary Rule, the crime control model is significantly hindered at some point due to substantial slowing down in the rapid response to identify, apprehend, convict and punish perpetuator, which should suppose to be maximized in this model (Braswell, McCarthy & McCarthy, 2011). Costs and benefits One potential cost of Exclusionary Rule is the release of countless guilty criminals (Neubauer, 2008, p. 265). This is due to the fact that the guilty will be given ample amount of time to cover potential evidences as they have to be informed beforehand prior to actual searches and seizures. Furthermore, this would also lead to potential freeing of the guilty defendant during actual prosecutorial trials (Neubauer, 2008, p. 265). In other words, Neubauer is simply pointing out that Exclusionary Rule creates a marginal effect on the criminal court system. The Exclusionary Rule seeks to protect the constitution. However, it cannot be denied that there are law enforcement personnel who would want to achieve closure of criminal cases no matter what it costs (Chambliss, 2011). By virtue of the Exclusionary Rule, every citizen is given fair procedural undertakings in the criminal procedure. Alternative remedies Suit for damages and administrative sanctions are considered significant alternative remedies for arbitrary searches. All of these would ensure that the law enforcement officers would be properly enlightened with the fair procedures in their search and seizure operations. As a result, the individual in questioned would be substantially given with the opportunity to be investigated under a sound constitutional procedure without being harassed by law enforcement officers who want to achieve rapid case closure at any cost. Analysis As for me, Exclusionary Rule should be eradicated because I believe there is substantial number of guilty defendants who could easily escape their obligation with the law due to their ability to wash away evidences, just prior to retrieving them by the law enforcement officers. In fact, it is clearly stated that a substantial number of guilty criminals or offenders were released from any liabilities due to the presence of Exclusionary Rule (Neubauer, 2008). This means that at some point, this procedure is a bit an advantage to all the guilty law-breakers or offenders as they would be able to create their own version of evidences just prior to the actual search and seizure of the law enforcers. This would mean culprits will have significant reasons to manipulate their reasoning for the sake of trying to escape their law obligation. They also have the opportunity to justify their actions that would end up maximizing the advantage of Exclusionary Rule. Conclusion Exclusionary Rule has significant basis in its implementation and this could be highly aligned with the due process model. In the same way, it minimizes the negative impacts of crime control model especially on rapid case closure and unjustifiable attempts of some law enforces. However, the rule is also a mitigating factor especially in cases where there is a need for rapid response to identify, apprehend, convict and punish perpetuator. The rule will significantly give an ample opportunity for the said perpetuator to clean some evidences and secure a strong point of view of maximizing their chance in case acquittal. References Braswell, M. C., McCarthy, B. R., & McCarthy, B. J. (2011). Justice, Crime, and Ethics (7th ed.). Burlington, MA: Elsevier. Chambliss, W. J. (2011). Courts, Law and Justice. Washington, DC: SAGE. Del Carmen, R. V. (2009). Criminal Procedure: Law and Practice (8th ed.). Belmont, CA: Cengage Learning. Neubauer, D. W. (2008). America’s courts and the criminal justice system (9th ed.). Belmont, CA: Cengage Learning. Read More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Exclusionary Rule Evaluation Essay Example | Topics and Well Written Essays - 750 words”, n.d.)
Retrieved from https://studentshare.org/law/1446259-exclusionary-rule-evaluation
(Exclusionary Rule Evaluation Essay Example | Topics and Well Written Essays - 750 Words)
https://studentshare.org/law/1446259-exclusionary-rule-evaluation.
“Exclusionary Rule Evaluation Essay Example | Topics and Well Written Essays - 750 Words”, n.d. https://studentshare.org/law/1446259-exclusionary-rule-evaluation.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Exclusionary Rule Evaluation

Why We Need The Exclusionary Rule

...their economic wellbeing. Critics of this argue that the congress is not mandated in any way to conduct the cost benefit analysis of implementing and enforcing the rule. They assert that the congress is rather required to respect the provisions of the fourth amendment rule. This is should be put in consideration regardless of the fact that the exclusionary rule does not satisfy the cost-benefit criteria. In his research, Lafave (2009) posits that the ultimate impacts of this rule are very difficult to evaluate and determine. This is because the actions that the law enforcement officers failed to take in a bid to refrain from straying...
7 Pages(1750 words)Term Paper

Exclusionary Rule by the Supreme Court

...? Fourth Amendment Exclusionary Rule Presented Fourth Amendment Exclusionary Rule The Fourth Amendment Exclusionary Rule requires evidence obtained as a result of official lawlessness to be excluded from any case in Supreme Court. The clause aims at excluding any probative evidence as a result of illegal acquisition of such evidence (Ma, 2012). In other words, the Supreme Court through the Exclusionary rule aimed at excluding any type of evidence obtained through official lawlessness; the American derivation of the Exclusionary rule is considered unique as a result of its deterrence rationale, as well as a mandatory nature in which it applies. Therefore, the Supreme Court justifies the use of this clause on deterrent effect except... on...
4 Pages(1000 words)Case Study

How has the exclusionary rule affected policing

...?Exclusionary rule and policing People have the right to be secure in their houses, papers and effect against irrational searches and seizures shall not be violated in that search warrants may be issued upon probable cause supported by affirmation or oath, and specifically describing the place or area to be searched and the property or person to be seized (Clancy 2008). The US legislative history of the act, which is supplemental to the national prohibition Act terms or makes it a misdemeanor for any officer of the US to conduct a search on private dwelling or any other property or building without search warrant, maliciously or with no reasonable doubt. This shows why the congress intents to make...
5 Pages(1250 words)Research Paper

Exclusionary rule

...TOPIC: Should the exclusionary rule be abolished position and supporting argument. Exclusionary Rule get constitutional root in 1921 as a result supreme court ruling in a case of Gouled vs United State. The Court rule, that government can seize contraband but can not seize property simply to use it as evidence. Therefore, we can define exclusionary rule according legal terminologies as no court in United State can used any object in court as evidence if obtained illegally or without a search warrant. According to wikipidia online, define Exclusionary rule as a legal...
2 Pages(500 words)Essay

Exclusionary rule and the fruit of the poisonus tree

...The Exclusionary Rule The exclusionary rule stems from the Fourth and Fifth Amendments in the Bill of Rights, ly, to protect citizens from unreasonable searches/seizure and self-incrimination. The rule holds that evidence collected in violation of either of these amendments is not admissible for criminal prosecution in a trial. Essentially the exclusionary rule is designed as a large disincentive to police/prosecutors who might illegally gather evidence. The rule first appeared with Weeks v. United States1 in which the United States Supreme Court held that illegal seizure of items from a private...
9 Pages(2250 words)Essay

Mapp v. Ohio case: exclusionary rule

...seized it and secured it on her person. Consequently a struggle ensued and she was handcuffed and forcibly taken to different rooms in the house where searches were carried out by the officers. Obscene materials were found in a trunk located in the basement of the building. What is the constitutional basis for the Courts ruling? Mapp appealed to the Supreme Court of the United States after her appeal to the Supreme Court of Ohio was denied. The decision was done in her favor. Under constitutional law the Exclusionary Rule was brought into effect in this case. This rule which stems from the Fifth Amendment states that no object may be used in court if obtained illegally...
2 Pages(500 words)Essay

THE EXCLUSIONARY RULE

...Understanding the Nature Of The Exclusionary Law And How It Is Applied In Cases In Relation To The Constitutional Rights of The Accused The exclusionary rule protects the accused in a criminal case against possible violations of the rights of the accused and is applicable to all people that are accused of any criminal offense and are brought to the court within the United States territory (Berg, 2008). Under constitutional in the United States, the exclusionary rule holds that evidences gathered in violation of the Fourth, the Fifth and the Sixth amendments may not be admitted in court (Berg, 2008). Under the Fourth Amendment, evidences that are gathered...
4 Pages(1000 words)Essay

Exclusionary Rule Evaluation

...Exclusionary Rule Evaluation Institute Exclusionary Rule Evaluation After fourth amendment in the law of the United s, significant change in criminal law prosecution occurred in the form of Exclusionary rule. According to Exclusionary rule, the evidence is considered legally insignificant during criminal case trial, if it is obtained, directly or indirectly, without a search warrant (Exclusionary Rule). Exclusionary rule aims at abandoning police misconduct and control of illegal harassment by police...
3 Pages(750 words)Essay

Exclusionary Rule

...EXCLUSIONARY RULE Exclusionary Rule Case Brief: Monell v. New York Department of Social Services, 436 U.S. 658 (1978) Facts Aclass of female employees in the New York’s Department of Social Services and Education Board, in July 1971, complained that the Department and the Board, as a matter or of official policy, had compelled pregnant female employees to go for unpaid leave of absence before the leaves were need as a result because of medical reasons. Under the 42 U.S.C. 1983, the employees sought back-pay and injunctive relief for being unlawfully forced to take unpaid leave (“Monell, et al. v. Department of Social Services of the City of New York et al.,” 1978). The...
1 Pages(250 words)Assignment

Exclusionary Rule

...Exclusionary Rule Exclusionary Rule This rule prevents agents of the law from conducting arbitrary searches on individuals even if they are suspected of engaging in illegal activities. The search and seizure protocols used by law enforcement agencies may at times be guided by the exclusionary rule. It is a citizen’s constitutional right to be protected against such illegal searches, and it is all under the Fourth Amendment that this is possible. This principle works towards guaranteeing that any proof attained in breach of a person’s constitutional guarantee shall not be tolerable in any courts. This aims to safeguard people from being prosecuted if at all the due process of evidence collection was not followed. It is also true... that this...
4 Pages(1000 words)Research Paper
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Exclusionary Rule Evaluation for FREE!

Contact Us