Exclusionary Rule Term Paper

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Exclusionary Rule and a Possible Alternative

Under the exclusionary rule, as created by United States Supreme Court legal precedent, "illegally obtained evidence has been inadmissible in federal criminal courts since 1914." From the onset of its codification in legal and police protocol, proponents of this rule hoped that it would help eliminate police misconduct and protect individual rights. Of course, to this day, opponents of the exclusionary rule have stated that the only beneficiaries of the exclusionary rule have been guilty criminals, and an innocent American society has punished, as criminals merely from errors made by the police. Regardless of one's personal opinion, it is also important to note, in reviewing the history of the exclusionary rule that in the 1961 case of Mapp v. Ohio extended to the rule to all of the states. ("Landmark Cases of The Supreme Court," 2003)

In its ideal, theoretical formulation, the exclusionary rule should mean that every person whom has an illegal search or seizure wielded upon them by the authorities will go free. It should not matter if the person is guilty or innocent, if the evidence was incriminating or not, as all individuals, guilty or innocent should have their rights protected by the legal system.
Also, with the exclusionary rule in place, the police thus should be discouraged from committing illegal searches and seizures upon innocent as well as guilty individuals, because they do not want any potential evidence they collect, to be thrown out in court.

The exclusionary rule has two main problems. One problem is for the accused, the other problem from the authorities' point-of-view. For the accused, the police are more than capable of using illegal searches or seizures to harass or intimidate individuals from whom they wish to extract testimony or evidence, even if the police know they will not be able to get a conviction from the evidence obtained against the individual they are conducting the search. For the accusing authorities, the downside is even more evident -- a minor police error can cause a guilty party to go free.

There are exceptions to the exclusionary rule. The first exception is the "Independent Source Doctrine," which allows evidence to be used….....

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do was to reinterpret the meaning of the "exclusionary rule" as pertaining to the Fourth Amendment's guarantee to citizens against unlawful searches and seizures (Maclin, 2014). The exclusionary rule asserted that any evidence gathered by way of a violating the individual's rights against unlawful searches could not be used in a court of law against the individual charged. Implicit in this concept is the idea that unlawful searches cannot and should not be performed by law enforcement. The Court, in Terry v. Ohio, essentially reversed the exclusionary rule principle, said it applied only to the gathering of evidence… Continue Reading...

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