Exclusionary Rule excludes tainted evidence from some criminal proceedings, the rationale being protection of 4th, 5th and 6th Amendment rights by control of law enforcement behavior. However, there are a number of exceptions to the Rule for various reasons, as well as alternative remedies for law enforcement's unconstitutional actions. Nevertheless, the Supreme Court created the Exclusionary Rule for several well-founded reasons.
Analysis of the Rationale and Purpose of the Exclusionary Rule, Along With any Exceptions
The Exclusionary Rule is a rule of evidence excluding evidence from criminal proceedings when that evidence is collected in violation of the defendant's Fourth Amendment Constitutional rights against "unreasonable searches and seizures" by law enforcement, Fifth Amendment Constitutional rights against self-incrimination, and/or Sixth Amendment Constitutional right to legal counsel (Cammack, 2013, p. 3) . Evidence obtained by law enforcement in violation of these Amendments is unconstitutional and cannot be used against the Defendant. In addition, other evidence obtained through that unconstitutionally obtained evidence is also excluded because it is "the fruit of the poisonous tree" (Cammack, 2013, p. 12). The main rationale for this rule, which was created by courts interpreting Constitutional protections, is the protection of basic Constitutional rights set forth in the 4th, 5th and 6th Amendments by controlling the conduct of law enforcement (Cammack, 2013, p. 4). This rule is supposed to discourage law enforcement from acting unconstitutionally to obtain evidence because that evidence will not help make a case against a defendant; no matter how convincing the evidence, it is not allowed because of law enforcement's unconstitutional actions.
There are several exceptions to the Exclusionary Rule. One is the "Good Faith Exception" (Cammack, 2013, p. 8). If law enforcement was acting in good faith, believing that it was acting Constitutionally,...
The U.S., however, is the only industrial democracy, common law or otherwise, in which courts must throw out tainted evidence in criminal trials. The U.S. Supreme Court decisions establishing and expanding on this principle have collectively come to be known as the "exclusionary rule." Although the rule had its origins in arguments about the morality of obtaining a conviction while relying on improperly obtained evidence, its primary modern justification
For example, one provision of the Patriot Act "permitted law enforcement to obtain access to tapping stored voicemails by obtaining a basic search warrant rather than a surveillance warrant," even though "obtaining the former requires a much lower evidentiary showing" and wiretapping more accurately seems to mirror surveillance technology, rather than single-incident searches of the premises for specific items (Fourth amendment, 2009, Wex Law). Another provision of the Patriot
An exception to this is a search conducted by officer acting in objective "good faith" and wit the inclusion of a warrant obtained on the basis of probable cause. A further provision holds that, if a jury has reasonable reason to believe that the evidence was obtained in violation of the Article, it should disregard the evidence obtained. The Texas Penal Code works in tandem with the exclusionary rule, in
Exclusionary rule exists to protect the rights of citizens to due process when accused or suspected of criminal activities. There are therefore certain constitutional specifications according to which incriminating information can be seized. Without adhering to these specifications, seized items cannot be allowed as evidence against an accused person in a criminal trial. There are, however, certain exceptions to the exclusionary rule, including fleeing suspects and the good faith exception. In
The Court cited language from Boyd in support of its proposition. The Boyd Court had held that the Fourth and Fifth Amendments "apply to all invasions on the part of the government and its employees of the sanctity of a man's home and the privacies of life. It is not the breaking of his doors, and the rummaging of his drawers, that constitutes the essence of the offence; but
Exclusionary Rule Criminal Justice The Exclusionary Rule is a significant and difficult to consider and discuss. The Exclusionary Rule is a rule that holds law enforcement accountable to the legal system and the justice system. The Exclusionary Rule essentially mandates that all evidence to be permissible in a court of law must be obtained legally and through actions of relevant law enforcement agencies lawfully. This rule may seem like it is
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