A Defense of the Exclusionary Rule
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The paper explains the exclusionary rule's principle that evidence, if it is illegally obtained, should be excluded from the case submitted to a jury, and the 'fruit of the poisonous tree' doctrine, that means that no useful evidence can be used by the prosecution that were obtained illegally from an illegal search. The paper explains how these laws were established primarily to deter law enforcement from violating rights against unreasonable searches and seizures, but points out the controversy surrounding the possibility that a guilty person could be let free. The paper identifies three major exceptions to the exclusionary rule that make it easier for prosecutors to bring guilty defendants to justice and looks at exceptions to the warrant requirement. The paper argues that as surveillance technology grows increasingly sophisticated, the need for the exclusionary rule has grown, and, the myriad exceptions for this rule highlight the fallacy that the rule frequently results in individuals being let go simply on legal technicalities.
From the Paper:"The exclusionary rule attempts to counteract the possibilities of overzealous or corrupt police conduct by stating that officers cannot use evidence that is obtained illegally in a court of law. In other words, even if a defendant is guilty, he or she may be freed if the only evidence was obtained through police misconduct. This is to act as a disincentive for police to take a 'liberal' interpretation of the law and to exceed their powers of enforcement, thus violating the rights of the citizens they are sworn to protect."
Sample of Sources Used:
- Blackstone. (2009). Legal Dictionary. Retrieved May 5, 2009 athttp://legal-dictionary.thefreedictionary.com/Blackstone,+Sir+William
- Evaluation of the exclusionary rule. (2009). essortment. Retrieved May 5, 2009 athttp://www.essortment.com/all/exclusionaryrul_rmlx.htm/
- Fourth amendment. (2009). Wex Law. Cornell University. Retrieved May 5, 2009 athttp://topics.law.cornell.edu/wex/fourth_amendment
- Fruit of the poisonous tree. (2009). Law Encyclopedia. Retrieved May 5, 2009 at http://law.jrank.org/pages/7042/Fruit-Poisonous-Tree.html
- Lynch, Timothy. (1998). "In defense of the exclusionary rule." Cato Policy Analysis: 319. Retrieved May 5, 2009 at http://www.cato.org/pubs/pas/pa-319es.html
Cite this Persuasive Essay:
A Defense of the Exclusionary Rule (2011, October 28) Retrieved December 05, 2022, from https://www.academon.com/persuasive-essay/a-defense-of-the-exclusionary-rule-148630/
"A Defense of the Exclusionary Rule" 28 October 2011. Web. 05 December. 2022. <https://www.academon.com/persuasive-essay/a-defense-of-the-exclusionary-rule-148630/>