The Exclusionary Rule - Vital or Detrimental?
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This paper explores the debate over the legitimacy of the exclusionary rule, which was created by the courts to protect the Fourth Amendment rights of the accused. The paper explains that many people in the law enforcement community believe that this rule is useless and a hindrance to their jobs, while others believe it helps ensure that they take the time to do their job correctly. The paper analyzes the possible ramifications of abolishing the exclusionary rule, as it sometimes means that valuable evidence is thrown out. The paper concludes that the result of abolishing the exclusionary rule would be law enforcement officers searching under every rock, house, and person in hopes of finding the evidence they seek, and walking all over the citizens' private lives in the process; therefore, the answer to whether the exclusionary rule should be abolished is "no."
From the Paper:"The costs of the exclusionary rule are obvious; some criminals who are probably guilty of their crimes go free because of the exclusionary rule. The benefits of the exclusionary rule are just as obvious. A good officer who gets his or her evidence thrown out because of a bad search will learn from this lesson and work harder to make sure that everything is in order before he or she proceeds to search or execute a warrant, therefore not infringing on the Fourth Amendment rights of criminals."
Sample of Sources Used:
- Cooke, M. (2002). Evaluation of the exclusionary rule. Retrieved January 23, 2010, from http://www.essortment.com/all/exclusionaryrul_rmlx.htm
- The Gale Group (2008). Exclusionary Rule . Retrieved January 23, 2010, from http://legal-dictionary.thefreedictionary.com/Exclusionary+Rule
Cite this Analytical Essay:
The Exclusionary Rule - Vital or Detrimental? (2010, September 30) Retrieved May 18, 2013, from http://www.academon.com/analytical-essay/the-exclusionary-rule-vital-or-detrimental-144747/
"The Exclusionary Rule - Vital or Detrimental?" 30 September 2010. Web. 18 May. 2013. <http://www.academon.com/analytical-essay/the-exclusionary-rule-vital-or-detrimental-144747/>