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Exclusionary rule - Essay Example

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According to wikipidia online, define Exclusionary rule as a legal principle in the United States, under constitutional law that holds that evidence collected or analyzed in violation of the defendant's constitutional rights is inadmissible for a criminal prosecution in a court of law.
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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 principle in the United States, under constitutional law that holds that evidence collected or analyzed in violation of the defendant's constitutional rights is inadmissible for a criminal prosecution in a court of law.
Exclusionary rule can be seen as prophylactic Rule formulated by the judiciary in order to protect a constitutional right of person. It also desires to provide a remedy and disincentive short of criminal prosecution, for prosecutors and the police who illegally gather evidence in violation of the fourth and fifth amendments in the Bill of Right.
It was applied in 1955 in California supreme court in a case between people V. Cahan, so by almost 1960, 22 sates in USA adopted the rule, this are califormia, Delaware, Frorida, Idaho, Illinois, Indiana, Kentucky, Mississippi, Missouri, Montana, north, Caolina, Oldahoma, Oregon, Rhode Island, Tennesse, Washington, Texas, west Vigina, Wisconsin, Wyoming, Michigan.
Also sate like Alabama, Maryland, and South Dukoto, have applied the rule only on narcotics and firearms evidence.
In a case of People V. Albea (1954) ruled that testimony from witness found in course of an unlawful search without a warrant cannot be admitted in court in Illinois.
Therefore if we look the applications of Exclusionary rule, it applied only to evidence obtained through unauthorized search and seizing under fourth Amendment of American Constitution.
And exclusionary Rule has a limition, because does not apply in a civil case, in a grand jury proceeding.
Also Exclusionary Rule does not bar the introduction of all evidence obtained in violation of the fourth, Fofth, or Sixth Amendment in case of Criminal case. See Hudson V. Michigan, 547. U.S. 586, 126 S. Ct. 2159 (june 1, 2006), justice scalia write for U.S. Supreme court.
(http://en.wikipedia.org/wiki/Exclusionary_rule)Suppression of evidence, however, has always been our last resort, not our first impulse. The exclusionary rule generates "substantial social costs," United States v. Leon, 468 U.S. 897, 907 (1984), which sometimes include setting the guilty free and the dangerous at large. We have therefore been "cautious against expanding" it, Colorado v. Connelly, 479 U.S. 157, 166 (1986), and "have repeatedly emphasized that the rule's 'costly toll' upon truth-seeking and law enforcement objectives presents a high obstacle for those urging [its] application," Pennsylvania Bd. of Probation and Parole v. Scott, 524 U.S. 357, 364-365 (1998) (citation omitted). We have rejected "indiscriminate application" of the rule, Leon, supra, at 908, and have held it to be applicable only "where its remedial objectives are thought most efficaciously served," United States v. Calandra, 414 U.S. 338, 348 (1974) -- that is, "where its deterrence benefits outweigh its 'substantial social costs,'" Scott, supra, at 363, (quoting Leon, supra, at 907). Whether the exclusionary sanction is appropriately imposed in a particular case is an issue separate from the question whether the Fourth Amendment rights of the party seeking to invoke the rule were violated by police conduct
I would not support the abolished of Exclusionary Rule in United State because without it police will act in unprofessional manner, that with result in invasion of privacy of American citizen. Because it protect innocent people from wrongful search or who right are violated by the law enforcement.
Therefore the Exclusionary Rule should remain as part of constitutional law in American in order to protect its citizen from unlawful invasion by security agent.
Reference:
(http://en.wikipedia.org/wiki/Exclusionary_rule
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