criminal justice

Topics: Police, Exclusionary rule, Constable Pages: 2 (449 words) Published: September 24, 2014

Discuss the exclusionary rule and the following three related concepts: fruit of the poisoned tree, inevitable discovery exception, and the good faith exception.

The exclusionary rule has three elements. First, there must be an illegal action by a police officer, or by someone acting as an agent of the police. Second, there must be evidence secured. The third element states that there must be a casual connection between the illegal action and the evidence secured. “Fruit of the poisoned tree, inevitable discovering exception, and the good faith exception” are the three elements I will be collaborating about.

Once an arrest is made, and the defendant is going to court. The courts must recognize if the evidence that was seized was legal or illegal. Evidence against a defendant that is obtained by an unreasonable search or seizure may not be used against a defendant in a criminal trial. This is called exclusionary rule. No matter how or what evidence is used, if it is illegally obtain it is not import evidence. The accuser has rights that cannot be violated.

Secondly, when evidence is provided to police that they acquired illegally, it is known as the “fruit of the poison tree”. Fruit of the poisonous tree is a legal metaphor in the United States that describes evidence that is obtains illegally. An example of this would be: An officer searched a home and obtain a box with a key in it. Instead of the officer getting a search warrant, which is required, he uses it anyway.

Next, inevitable discovery exception is an abuse exception to the exclusionary rule. The role allows evidence of the defendant’s guilt to be considered inadmissible under this rule, or to be admitted into trial as evidence. The reason for this rule, policemen misconduct is sufficient delayed and the interests to society are better served by putting policemen in the same position, but not worse. Thirdly, “The good faith exception”, known as faulty warrants, came along with...
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