• On the Ligitimacy of the Exclusionary Rule
    The proposition that the exclusionary rule should be abolished is absolutely preposterous. In fact, there are few rules that are as useful in protecting the rights of the general public. Unfortunately, there are many who believe, for a number of reasons, that the exclusionary rule does more harm t
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  • Exclusionary Rule
    Abstract The Exclusionary Rule is a very important part of the criminal justice system. It maintains a check to make sure that all evidence is legally obtained throughout the investigative process. Evidence not legally obtained should be barred from court proceedings and not used against a defenda
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  • Exclusionary Rule Analysis - Judicial Integrity
    THE DEMISE OF CRIMINAL PROCEDURE Justice Ginsburg’s dissent in Herring v. United States suggested there is more to the exclusionary rule than just deterring police misconduct.[1] She explained that the rule was an “essential auxiliary” to the Fourth Amendment right, which is owed “a mor
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  • The |Exclusionary Rule
    THE EXCLUSIONARY RULE The exclusionary rule is a judge-made rule, adopted by the courts to stop the police from conducting illegal searches and seizures. The constitution merely says the people shall be free from unreasonable searches. It doesn't say what the courts should do once an unreasonable s
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  • Exclusionary Rule-Con
    Would one feel safe in their neighborhood knowing that guilty criminals are being let free every second? The exclusionary rule prohibits the use of illegally obtained evidence in a criminal trail. There are many exclusions to the rule, which brings up the question of why the rule should even be ca
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  • Exclusionary Rule Pros and Cons
    The reason we have rules in life are simple, to keep order when there is chaos and to guide our behavior in a way that is acceptable by society’s standards. The reason we have laws and procedures to carry out those laws are simple as well, to keep the government from infringing on its citizen’s
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  • Pros and Cons of the Exclusionary Rule
    ARGUMENTS IN SUPPORT OF THE EXCLUSIONARY RULE Among the arguments in support of the exclusionary rule4 by its proponents are the following: 1. It deters violations of constitutional rights by police and prosecutors. A number of studies and testimonies by police officers support this contention. 2
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