Exclusionary Rule
Introduction
The exclusionary rule is intended to ensure police accountability by prohibiting the use of evidence which was obtained without a valid warrant. This rule came into effect in 1914 with a Supreme Court decision in the case of Weeks v. United States. Since the introduction it has been a topic of much debate.
The exclusionary rule is intended to ensure police accountability by prohibiting the use of evidence which was obtained without a valid warrant. This rule came into effect in 1914 with a Supreme Court decision in the case of Weeks v. United States. Since the introduction it has been a topic of much debate.
Arguments For
The Fourth Amendment of the Constitution protects citizens against unlawful search and seizure. The exclusionary rule is the Supreme Court’s interpretation of the Fourth Amendment. That said the exclusionary rule is constitutional in nature and a fundamental part of American Law.
The Fourth Amendment of the Constitution protects citizens against unlawful search and seizure. The exclusionary rule is the Supreme Court’s interpretation of the Fourth Amendment. That said the exclusionary rule is constitutional in nature and a fundamental part of American Law.
Proponents of maintaining the exclusionary rule argue that without it, law enforcement would trample on the rights of citizens. Abramson (1996) believes, “Regardless of what substitute remedies might be provided, the police are bound to view the elimination of the exclusionary rule as an indication that the Fourth Amendment is no longer a serious matter.”
The exclusionary rule was designed to ensure that the Fourth Amendment rights protecting citizens from unlawful or unjustified search and seizure. By disallowing evidence that was illegally obtained the rule forces police accountability. The rule makes it clear that in order to conduct a search or seize evidence a court order must be obtained.
The exclusionary rule is often thought of as a “checks and balances” system. A system, in which is purported to be apart of the fundamental American way of life. The American government is built upon the principle of “checks and balances” with three distinct branches, the executive, the legislative, and the judicial which all check against each other. Law enforcement is considered apart of the executive branch and the court system is under the judicial.
Arguments Against
Some law enforcement officials and proponents of abolishing the exclusionary rule argue that the exclusionary rule is a hindrance. They also argue that the rule lets the guilty go free and serves to punish victims for the officer’s negligence. According to Siegel, Senna (2005), “The most popular criticism of the exclusion rule, however, is that it allows guilty defendants to go free.”
Another drawback of the exclusion rule, is the process to obtain a court order granting a search of seizure takes time. This time could be used to “cover up” or destroy evidence. In that respect, the rule is a hindrance to the investigating efforts of law enforcement officers.
The consequences of violating search and seizure procedures are severe. Some would argue too severe. Any evidence obtained from a search or seizure that is deemed illegal is not allowed to be admitted. The outcome of an entire case could rest upon one piece of evidence.
Conclusion
The exclusionary rule has been permanently married to the Fourth Amendment. Those in favor of keeping the rule feel it protects the fundamental civil right of citizens. Those opposed to the exclusionary rule believe that it’s the rights of the victim should come before the rights of the accused.
The exclusionary rule has been permanently married to the Fourth Amendment. Those in favor of keeping the rule feel it protects the fundamental civil right of citizens. Those opposed to the exclusionary rule believe that it’s the rights of the victim should come before the rights of the accused.
References
Abramson, Jeffrey. (1996). The O.J. Simpson Case Justice Confront Race, Domestic Violence, Lawyers, Money, and the Media. Basic Books.
Siegel, Larry., Senna, Joseph. (2005). Introduction to Criminal Justice. Thomson Wadsworth.
APA Citation:
Smith, Nathan. M. (2005). Exclusionary Rule.
Retrieved September 8, 2008, from http://www.computer-forensic-technician.com/wordpress/exclusionary-rule/.
August 11th, 2007 at 3:53 am
This article best narrows down the arguement for and against the exclusionary rule. I have read so many that they sometimes seem to to run together with the pros and con as they pertain to different applications of law.