An examination of the basis and implications of the exclusionary law of evidence collection.
Written in 2007; 831 words; 2 sources; APA; $ 29.95
Paper Summary:
This paper discusses the concept of the exclusionary rule in criminal justice. Specifically, it describes the basis for the rule that puts restrictions on the way in which the police department can conduct a search, when they can search and where they can search. It describes the basis of this rule as being the suspected criminal's rights under the Fourth Amendment and discusses the implications of this law for criminal justice.
From the Paper:
"The exclusionary rule is "the principle that the prosecution in a criminal case may not use evidence obtained in violation of the Constitution, particularly evidence derived from illegal search and seizure in violation of the Fourth Amendment" (Clapp, 2000, p. 169). The purpose of the exclusionary rule is to curb illegal and invasive behavior by law enforcement by putting restrictions on the way in which they can conduct a search, when they can search, and where they can search. Furthermore, it makes sure that the police have ample evidence to believe that the place and/or person to be searched contains the vital evidence for which they are looking."
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