Exclusionary Rule Evaluation Essay
Exclusionary Rule Evaluation
The Exclusionary Rule was designed to exclude evidence obtained in violation of a criminal defendant’s Fourth Amendment rights. The Fourth Amendment protects against unreasonable search and seizures by law enforcement personnel. If the search of a criminal suspect is searched unreasonable, the evidence obtained in the search will be excluded from trial. The Exclusionary Rule is a court made rule it is not in any of the statutes, it was not created by the Legislative bodies but rather by the United States Supreme Court. The Exclusionary Rule applies to the federal courts by virtue of the Fourth Amendment. Police misconduct plays a key role the rule and if there wasn’t misconduct within our police department the Exclusionary Rule would not exist today. The Fourth Amendment and the Exclusionary Rule go hand in hand; the 4th Amendment protects us from unreasonable (illegal) search and seizures and if there is evidence steaming from a violation of the 4th Amendment then that evidence ikest thrown completely out of the trial.
The rule mostly is there tas the enforcer on the government, the Exclusionary Rule was introduced by the Supreme Court in 1914 from the case Weeks v. United States. I think that the rule does not need to be abolished because the government should be held accountable for their actions; even though the government is a system divided. I think that we the people are held accountable in the court of law then it is only right they are too. Have you ever taken a leap in good faith? Well, the Exclusionary Rule has a good faith exception And it provides that when an honest mistake is made during the course of a search and seizure any subsequently obtained evidence will be considered admissible. (Worrall, 2012) I think some things could be updated not only in the criminal justice system but the Constitution and statutes. The judges are given absolute immunity protecting them from any of their decisions and the prosecutors are given qualified ammunity
Criminal Procedure John Worrall, (2012)