Exclusionary Rule

Exclusionary Rule Search and seizures are protected under the rump Amendment of the Constitution. Officer that go beyond the law and obtain reap without a warrant are in breach of a somebodys fourth amendment right. The bear witness that is obtained is non allowable in appeal and fall under the exclusionary observe. This report card give discuss the benefits of the exclusionary formula, as well as alternative remedies to the rule. curtilage for the Exclusionary Rule The exclusionary rule was created to protect innocent spate from being peeved from law enforcement. The exclusionary rule is judge make law and has been more or less since the beginning of the 1900s. The positive Court ruled that illegal searches expressed by law enforcement officials should non be allowed in coquette because it was a breach of a persons fourth amendment. This rule prevents officers from misconduct. Cost and Benefits When find out the cost/benefit analysis to the exclusionary rule, nonpareil must commence into consideration the outcome. This can be through by victimisation critical thinking. Does the end justify the agent?

The cost is that the exclusionary rule (cost to society) keeps evidence from the jury and makes it more arduous and more unrealistic to obtain a conviction (because of the expiry of the evidence or the necessity of a retrial) (Cost Benefit synopsis To The Exclusionary Rule, 2011). When officer conduct a search of a persons field without following proper procedure the evidence that is obtained may not be admissible in court, the pull up stake is criminals go free. The cost of the exclusionary rule is not that great. Cases that are brought to court can be tracked with regard! s to why the case was dismissed. submit to Zalman (2008) Several research studies are in general accordance of rights that the costs of the exclusionary rule are not great. In virtually all instances, the percentage of cases dropped because of search and seizure problems is less than 1 percent (p. 100). The cost of the exclusionary rule may...If you want to get a full essay, order it on our website: OrderEssay.net

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