Between Freedom and Order

Paper Summary:

This paper assesses the exclusionary rule to the fourth amendment to the Constitution, which the paper explains is a judge-made addition to restricts the admissibility of evidence in a trial to that which is seized legally. The paper studies the history and reasoning of the exclusionary rule and details the difficulties and challenges it poses to law enforcement and prosecutors in the United States. The paper attempts to illuminate the complexities, frustrations and difficulties of simultaneously interpreting and applying the exclusionary rule, ensuring the Fourth Amendment rights of citizens are not infringed and meeting the mandate of law enforcement can be garnered. The paper provides an analysis of some of the most relevant, precedent-setting decisions on the exclusionary rule.

Outline
Preface
Background

From the Paper:

"Though the concept of justice may be open to many different interpretations, the one that virtually all agree should encompass the concept is that of truth-seeking. Justice is, or should be, the pursuit of the truth in ascertaining one's guilt or innocence. Whether one is cited for speeding or placed on trial for murder, the process of discovering, or uncovering, the truth should be the core goal of those within the justice system to ensure the rights of every citizen are preserved and that no citizen is deprived of these rights without a full and vigorous pursuit of the truth. Unfortunately, it is the process itself that is often at odds to the ultimate discovery of the truth."

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