• Exclusionary Rule Pros and Cons
    opponents. Below I will discuss both sides’ arguments for and against the exclusionary rule. I will start with the opponents of the exclusionary rule. Opponents argue that the exclusionary rule has strayed from its original purpose, and that it no longer does what it was originally intended to...
    Premium 1962 Words 8 Pages
  • Pros and Cons of the Exclusionary Rule
    government than the suspect who has already been wronged. 7. It protects the constitutional right to privacy. ARGUMENTS AGAINST THE EXCLUSIONARY RULE Opponents, including justices of the Supreme Court, have argued strongly in opposition to the exclusionary rule. Among their arguments are the...
    Premium 1524 Words 7 Pages
  • On the Ligitimacy of the Exclusionary Rule
    exclusionary rule. The first objection is a common sense rationale that the function of the exclusionary rule is to let the guilty go free on the grounds that the evidence collected against the defendant was done so illegally. Based on this fact, there are three arguments against the ruling. The...
    Premium 2174 Words 9 Pages
  • Exclusionary Rule
    defendant. What is the Exclusionary Rule? The Exclusionary Rule, which has been examined and upheld several times by the Supreme Court, maintains that any and all evidence that can be introduced in trial against a defendant must be seized in a legal manner and in accordance with the U.S. Constitution...
    Premium 858 Words 4 Pages
  • Representation
    officer illegally searches someone’s home and finds drugs that are prohibited and leads them to their back yard where they are cultivating marijuana, and they go seize the drug, the drug will be excluded as evidence. B) Provide an strong argument against (10 points) 2. The exclusionary rule can be...
    Premium 597 Words 3 Pages
  • Exclusionary Rule
    What is the Exclusionary Rule and Why is it Important A rule that provides that otherwise admissible evidence cannot be used in a criminal trial if it was the result of illegal police conduct The exclusionary rule should not be abolished because it is needed to protect suspected criminals from...
    Premium 572 Words 3 Pages
  • Criminal Procedure Case Briefs
    against such searches and seizures would be of no value whatsoever. This was the first application of what eventually became known as the "exclusionary rule." The court began to giving a brief history of the 4th Amendment and that its intended purpose was to protect a man’s home, which is his castle...
    Premium 2132 Words 9 Pages
  • Exclusionary Rule Analysis - Judicial Integrity
    be aborted to preserve judicial integrity,” he has misdirected anger towards the exclusionary rule.[121] It is the Fourth Amendment right, not the exclusionary rule, that demands the exclusion of illegally obtained evidence. One of the principal arguments against the notion that the...
    Premium 12248 Words 49 Pages
  • Exclusionary Rule-Con
    carried out in the first place. Since the exclusionary rule is not stated in the constitution alternatives and changes can be made to the rule. A controversial topic always has people on both the pro and con side. Arguments against the rule convince many citizens that the exclusionary rule has...
    Premium 494 Words 2 Pages
  • Victim's Rights
    "exclusionary rule" is misleading, because there are many exclusionary rules. Some, such as the rule against hearsay, exclude evidence because it is not very reliable. Others, such as a rule prohibiting a witness from testifying if the calling party did not disclose the witness before trial, are sanctions for...
    Premium 1335 Words 6 Pages
  • Mapps vs Ohio
    . Even so, the evidence collected illegally was presented during the case. As reasoning, the case of Wolf vs. Colorado was cited, which stated that when the accused is being tried in a state court, he or she does not have the protection of the exclusionary rule, which protects against illegal...
    Premium 1186 Words 5 Pages
  • Gonza; Ez
    . California, 347 U.S. 128, 137 (1954). Likewise, time has set its face against what Wolf called the "weighty testimony" of People v. Defore, 242 N. Y. 13, 150 N. E. 585 (1926). There Justice (then Judge) Cardozo, rejecting adoption of the Weeks exclusionary rule in New York, had said that "[t]he Federal...
    Premium 14687 Words 59 Pages
  • Midterm Essay Examination History 368
    court and would not be allowed to be used against the defendant. Even though the evidence was gathered in “good faith,” it was still obtained illegally. Therefore, illegally obtained evidence could not be used against Leon, even though he was guilty of a crime. The Exclusionary Rule is the illegal...
    Premium 2517 Words 11 Pages
  • The |Exclusionary Rule
    , 447 P.2d 967.] Case authority on purpose of the exclusionary rule: Dyas v. Superior (1974) 11 Cal.3d 628, 114 Cal.Rptr. 114, 522 P.2d 674. Opinion by Justice Stanley Mosk. Justice Clark wrote a dissenting opinion in Dyas. Source of arguments against exclusion. You can find them on '87 Moot Court...
    Premium 2155 Words 9 Pages
  • Case 2
    had the right to decide their own exclusionary rules b. 4th amendment applies to federal not state which is what gave them the right to pursue and obtain evidence from a search which would not be admissible in federal court. 4.      Core constitutional questions the Court had to decide on: a...
    Premium 917 Words 4 Pages
  • World Civilization
    power, influence, and rule of the Indian people and land. One of he main argument against self-government by the British was that the British claimed the Indian people would fall into chaos. They feared that Hindus and Muslims would fight until their were no more people left to fight. When WWII...
    Premium 4404 Words 18 Pages
  • Constitutionality vs. Safety
    protection of the fourth amendment declaring his right to be secured against such seizures is of no value, and so far as those thus placed are concerned, might as well be stricken from the constitution. - Judge Rufus Day This decision established the exclusionary rule. This rule could cause havoc in...
    Premium 4994 Words 20 Pages
  • Economic Loss
    against liability is the prospect of actions by an indeterminate number of claimants (Spartan steel). If physical harm is done to the property (or person) if one party, this may have a ripple effect on the financial interests of the many others. But this reason for the exclusionary rule is not always...
    Premium 6042 Words 25 Pages
  • Evidence: Some Basic Terms
    fact and the issue being proven: what does the evidence prove; how does it prove this; is the evidence independent (corroborative or direct) or merely cumulative; and does it meet the Rule 403 balance test, where the probative value of the evidence is weighed against its potential damage, i.e...
    Premium 3629 Words 15 Pages
  • The Fourth Amendment States the Right of the People
    informed of their rights. Because Miranda was not informed of his rights, the evidence he gave to the police could not be used against him. The exclusionary rule also came from the illegal obtaining of evidence. It states that evidence obtained unlawfully cannot be used in the court of law. Many...
    Premium 1239 Words 5 Pages