Exclusionary Rule

Paper Summary:

This paper explores the role of the exclusionary rule in the US legal system. The writer first defines exclusionary rules as a set of guidelines which dictate that evidence and or admissions of guilt obtained illegally will be excluded from being heard in criminal trials. Next, historical controversies involving this set of rules are discussed. Also examined is the manner in which law enforcement is affected by the exclusionary rule. The author also considers the need to seek a balance between collecting evidence yet protecting the individual's Constitutional rights. Finally, the author proposes changes for the exclusionary rule, which may include compensation when rights are violated.

Outline
Introduction
Controversy and History of the Exclusionary Rule
Law Enforcement Effects
Protecting Good Faith Exemptions
Is it Time for Change?
References

From the Paper:

"The exclusionary law or laws, more appropriately, then go on to provide a set of rules that dictate that evidence and or admissions of guilt obtained illegally will be excluded from being heard in criminal trials. What this quite often amounts to is that criminals who are guilty can go free, if the evidence needed to convict them is tainted in some manner, having been acquired illegally, with certain exceptions, though many argue the exceptions and rules are unclear and are in constant need of redress by the courts. (Chun 2000:799) (Holland 2000:1107)"

Sample of Sources Used:

• Amar, Akhil Reed. 1996. "The Future of Constitutional Criminal Procedure." American Criminal Law Review 33:1123-1140.
• Bray, Zack. 2004. "Appellate Review and the Exclusionary Rule." Yale Law Journal 113:1143+.
• Calabresi, Guido. 2003. "The Exclusionary Rule." Harvard Journal of Law & Public Policy 26:111+.
• Chun, Brian H. 2000. "The Unclearly Established Rule against Unreasonable Searches and Seizures." Journal of Criminal Law and Criminology 90:799.
• Clymer, Steven D. 2002. "Are Police Free to Disregard Miranda?." Yale Law Journal 112:368+.

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