Cja 364

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Exclusionary Rule

CJA/364

Exclusionary Rule
The exclusionary rule was developed under the United States constitutional law. This part of the law was created to make sure that any evidence that was been collected or examined by law enforcement that was done so in a violation a person constitutional for the most part cannot be used to as evidence to prosecute a defendant at his or her trial. In this paper we will analyze and discuss the rational for the exclusionary rule, as well as identify exceptions to the exclusionary rule. In this paper the writer will also give an analysis in regards to the costs and benefits that can be a part of using the exclusionary rule. We will also discuss alternative remedies to the exclusionary rule and provide support as to why we chose these remedies for the exclusionary rule. The roots of the exclusionary rule come from the Fourth Amendment as it was created to make sure that citizens of the United States had some protection for illegal search and seizures under the law. This rule was also created to reduce the amount of prosecution and police that were responsible for illegally gathering evidence and using it a trial. The exclusionary rule was unique, but it did not just stop at the Fourth Amendment, this rule extends to different violations under the Sixth Amendment. Also, the exclusionary rule comes in to play in regards to evidence that was gathered during a illegal search or seizures and is discovered after the search, but was a result of the illegal search cannot be used under the Fruits of the Poisonous Tree Law. The Fruit of the Poisonous Tree Doctrine was created as an extension of the exclusionary rule. This doctrine was created as a result of the Silverthorne Lumber Co. V. United States. During this case the prosecution tried to later used evidence against the defendants that was originally a part of illegally obtains evidence and had been discovered as a result of evidence that was already considered to...
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