The Exclusionary Rule in the 21st Century Research Paper by scribbler

The Exclusionary Rule in the 21st Century
A look at the application of the exclusionary rule to modern American society.
# 152230 | 3,347 words | 10 sources | APA | 2013 | US
Published on Jan 15, 2013 in Political Science (U.S.)

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This paper attempts to show that although the exclusionary rule itself is fairly straightforward in its definition and application, it has been the focus of a great deal of controversy over the years, particularly over its application in modern American society. The paper further examines how some proponents of the exclusionary rule argue that it is one of the most, if not the most important individual protection contained in the Bill of Rights, while critics of the exclusionary rule maintain that it is redundant and unwieldy, particularly given the heightened security needs of the nation following the terrorist attacks of September 11, 2001.

Review of the Literature
Recommendations for Future Research

From the Paper:

"According to Gittins (2007), "In 1914, the United States Supreme Court first introduced the exclusionary rule. Under this rule, evidence obtained pursuant to an unreasonable search and seizure under Fourth Amendment standards cannot be used in subsequent criminal trials. Since that time, courts struggled to determine when application of the exclusionary rule was the correct remedy for a Fourth Amendment violation" (p. 451). Some legal authorities go so far as to suggest that absent the protections afforded by the Fourth Amendment, America in the 21st century would likely be a vastly different country: "The Fourth Amendment, that revered provision of the Bill of Rights that for [more than] 200 years in theory has prohibited an American police state by forbidding unreasonable searches and seizures" (Bauman, 1995, p. 58). The exclusionary rule, though, requires a careful balancing act between citizen and government interests. For example, Dripps suggests that, "The exclusionary rule solves the political incentives problem because the Supreme Court imposed the rule as a matter of federal constitutional law."

Sample of Sources Used:

  • Bauman, R. E. (1995, May 15). Congress and the exclusionary rule: Would killing the exclusionary rule repeal the Fourth Amendment - or restore it? National Review, 47(9), 58-59.
  • Black's law dictionary. (1990). St. Paul, MN: West Publishing Co.
  • Dripps, D. (2001). The case for the contingent exclusionary rule. American Criminal Law Review, 38(1), 1.
  • Gittins, J. R. (2007). Excluding the exclusionary rule: Extending the rationale of Hudson V. Michigan to evidence seized during unauthorized nighttime searches. Brigham Young University Law Review, 2, 451-453.
  • Jackson, H. A. (1996). Expanding exclusionary rule exceptions and contracting Fourth Amendment protection. Journal of Criminal Law and Criminology, 86(4), 1201-1227.

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