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The Evolution of the Exclusionary Rule

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The Evolution of the Exclusionary Rule
The Evolution of the Exclusionary Rule
A Historical Analysis And How It Stand Today

April Herald
Criminal Justice
Abstract
From historical analysis, this work highlights key cases that have influenced the evolution of the Exclusionary rule and where it stands today. The purpose of this paper is to inform people of the importance of our constitutional rights, especially the fourth amendment when concerning a criminal prosecution. The exclusionary rule is set in place to ensure justice be served and the accused are treated equally. If you have ever found yourself with a criminal status you should be sure that you were or are treated equal and that you know the law. There has been numerous cases that can be used to show the importance of the exclusionary rule were the prosecuted had their constitutional right violated by the court using illegal evidence, one example is Silverthorne Lumber Co v. United States. The exclusionary rule helps enforce these rights and has a long history. Also, these cases have helped make sure that our constitutional rights are being protected on a daily bases. The article ends supporting the success of the rule working as a deterrent.

Movies and television have portrayed the image of the police as having the authority to search the home of a suspect for criminal activity. The reality is that if a police officer were to obtain evidence without a valid warrant the evidence would more than likely not be admissible in court and a criminal could be set free without punishment. The Exclusionary Rule was created to ensure proper procedure.
The Exclusionary Rule is an extremely important subject that has been highly debated with regard to criminal law and the constitution. Supporters of the Rule believe that it is necessary to ensure that the Fourth Amendment, which protects against unreasonable search and seizure, does not protect alone in the Bill of Rights. A controversial topic, having opponents of the Rule,


References: Bandes, S. A. (2009). The Roberts Court and the Future of the Exclusionary Rule. American Constitution and Society for Law & Policy. Nasheri, H. (1996). The Exclusionary Rule: Differing Trends in Canada and the United States. Criminal Justice Review, 21(2), 1-19. Atkins, R. A. and Rubin, P. H. (2003) Effects of Criminal Procedure on Crime Rules: Mapping Out the Consequences of the Exclusionary Rule. Journal of Law & Economics, XLVI. 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, 2007(2), 451. Google. (2013). Exclusionary Rule: The Policy Debate. Retrieved March 3, 2010, fromhttp://law.jrank.org/pages/1106/Exclusionary-Rule-policy-debate.html
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