Free

The Exclusionary Rule - Case Study Example

Summary

In the essay “The Exclusionary Rule” the author discusses the landmark case of Mapp v. Ohio. The U.S. Supreme Court held that illegally obtained evidence may not be used to prosecute an accused in accordance with the protection under “unreasonable searches and seizures…

Download full paper File format: .doc, available for editing

GRAB THE BEST PAPER91.3% of users find it useful

Read Text Preview

Subject: Law
Type: Case Study
Level: High School
Pages: 1 (250 words)
Downloads: 2

Extract of sample "The Exclusionary Rule"

“The rule endangers innocent victims while letting criminals escape” (“Friend or Foe”). Due to this principle, illegal weapons which are considered as illegally confiscated by police authorities because it violates the prohibition on unreasonable searches and seizures are considered as inadmissible in evidence. Hence, the illegal articles will not be included in the criminal proceeding which if actually admitted will surely convict the accused or punish the individual who is in possession of an illegal item.

In this sense, the accused is freed from any liability with regard to that illegal item leaving the victim hopeless and frustrated. Moreover, this rule can encourage more law violators believing that they will not be punished by owning that illegal item as long as it is not seized legally. The fruit of the poisonous tree doctrine is not helpful per se. Thus, it can be inferred that the US criminal system is giving more protection to the accused than to the innocent victim which can be deemed as a violation of the equal protection of the laws.

Works Cited “Edwin Meese III.” Heritage Foundation. Heritage Foundation, n.d. Web. 11 Feb. 2010. <http://www.heritage.org/about/Staff/edwinmeese.cfm>. “Friend or Foe? Debating the Exclusionary Rule, Part I.” Landmark Cases Supreme Court. Landmark Cases Supreme Court, n.d. Web. 11 Feb. 2010. <http://www.landmarkcases.org/mapp/exclusionary1.html>. U.S. Supreme Court. Mapp v. Ohio. FindLaw, n.d. Web. 11 Feb. 2010. <http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=367&invol=643>.

CHECK THESE SAMPLES OF The Exclusionary Rule

Role of Evidence in Civil and Criminal Cases

The Exclusionary Rule is a principle in law in the United States which comes under the Constitutional law which says that the evidence gathered and analyzed if it violates the constitutional rights of the defendant, it will be inadmissible in a court of law for a criminal prosecution.... What is exclusionary rule?... Even in the cases where the failure to disclose evidence was not intentional or malafide, the courts have used the rule in a strict manner....

6 Pages (1500 words) Research Paper

Supreme Court Decisions and Discussions on the Exclusionary Rule

Supreme Court Decisions and Discussions on The Exclusionary Rule - Yarborough v.... hellip; Unrestricted search was practiced before The Exclusionary Rule was introduced.... The Exclusionary Rule was initiated from the Weeks v.... In fact Lee Epstein and Thomas Walk observe “The Exclusionary Rule provides yet another example of Warren Court's revolutionary treatment of the rights of the criminally accused” (Hensely and Snook, 2006, p....

12 Pages (3000 words) Research Paper

How has the exclusionary rule affected policing

The Exclusionary Rule bars the government from making use o the evidence collected in the violation of the constitution of the United States.... In relation to policing, The Exclusionary Rule is best understood by incorporating the established laws and the economics phenomena: section bias, principal-agent problems, moral hazard, and violence through substitution.... The Exclusionary Rule has a beneficial influence on police.... By enacting The Exclusionary Rule, all police teams will learn to appreciate human space....

5 Pages (1250 words) Research Paper

U.S. Constitution Amendments/Bill of Rights

The Fourth Amendment to the US Constitution which imposes upon the US Government an obligation to ensure that private property and the individual are protected against official intrusion is not an absolute right.... There are two main ways in which the Fourth Amendment is applied… This amendment was drafted by the founding fathers in direct response to what amounted to arbitrary and general search warrants issued by the British government in Its development over the years has given way to many concerns particularly with respect to the loopholes it creates by which dangerous criminals may escape conviction....

5 Pages (1250 words) Essay

The Implication of the Fruit of the Poisonous Tree on the IV, VI, XIV Amendments of the Constitution

?? This ruling is later on known as the Fruit of the Poisonous Tree doctrine which is an extension of The Exclusionary Rule for evidences (Long, Carolyn (2006).... According to the decision of Mapp v Ohio, The Exclusionary Rule is binding upon the states under the Fourteenth Amendment.... “The Exclusionary Rule is an essential part of both the Fourth and the Fourteenth Amendments is not only the logical dictate of prior cases, but it also makes very good sense… a federal prosecutor may make no use of evidence illegally seized…” The court further said in this case that where there is a conflict between the rules of admissibility of evidence between the federal courts and the state courts, these courts should work together...

16 Pages (4000 words) Research Paper

Weeks v. United States

The Exclusionary Rule is designed to protect citizens from being abused by government officials by way of removing the motivation for unlawful search and seizure of personal property.... Weeks had been convicted of a crime due to evidence that had been The Case against The Exclusionary Rule The Case Against The Exclusionary Rule The Exclusionary Rule is designed to protect citizens from being abused by government officials by way of removing the motivation for unlawful search and seizure of personal property....

2 Pages (500 words) Essay

Application Of The Exclusionary Rule

rdquo; The paper "Application Of The Exclusionary Rule" discusses the cases when The Exclusionary Rule is applied.... In some cases even when a warrant has been issued, if it is found that there was no probable cause, The Exclusionary Rule is applied.... However, many objections have been raised to this application of the rule and the prosecution has, with varying results, often taken exception to this rule with what is termed as the “good-faith” contention, which is to say that if the law enforcing officers acted in good faith and made a search believing the warrant to be valid, again in good faith, then The Exclusionary Rule should not be applied to the evidence thus obtained....

10 Pages (2500 words) Term Paper

Exclusionary Rule and Its Role within Criminal Procedure

nbsp; It has been a high priority for these conservatives to abolish The Exclusionary Rule.... The Exclusionary Rule is very effective for preserving the integrity of the warrant-issuing process.... The Exclusionary Rule under the fourth amendment was actually the reaction against the English law for general warrants (U.... he history of The Exclusionary Rule can be dated back to the year 1886.... This paper "exclusionary rule and Its Role within Criminal Procedure" focuses on the fact that the “exclusionary rule” is a result of the fourth amendment in the constitution of the US....

8 Pages (2000 words) Research Paper