Exclusionary Rule Research Paper

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Exclusionary Rule be Abolished?

The exclusionary rule states that evidence that has been illegally obtained may not be used within the confines of a criminal trial to convict a party, even if that party was clearly guilty of the crime in question (Exclusionary, 2006). There have been many cases where this rule has been used, and because of that, too many guilty people have gone free. The most significant case, and the one that holds the strongest argument as to the idea that the exclusionary rule should be abolished, is Mapp v. Ohio (1961). The facts of this case are important to a clear understanding of why the exclusionary rule should be abolished, and those facts are as follows:

Cleveland police came to Mapp's home on 23 May, 1957, acting on information that someone was hiding there. This person was wanted for questioning and the police had information that not only the person but the equipment used for a recent bombing was hidden in the home. They demanded to enter but Miss Mapp refused because her attorney advised that she not allow them to enter without a search warrant.
The officers contacted headquarters and begin a surveillance of the house. Three hours later there were more officers on the scene and they once again asked for entrance to the home. She did not answer the door immediately and one of her doors was then forced open by police. Miss Mapp's attorney arrived and officers would not let him come in or see his client. Miss Mapp lived on the second floor but officers broke into a hallway leading to the basement. They produced a paper that they claimed was a search warrant and Miss Mapp took the paper and placed it inside of her shirt near her breast. There was a struggle between Miss Mapp and several officers and the piece of paper was recovered.

Miss Mapp was also handcuffed as officers stated she was being belligerent. One of her hands was twisted sharply by the officers and she informed him that he was hurting her and asked that he stop. She was then led to her bedroom and her personal papers, dresser, closets, suitcases, and anything else in the….....

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Exclusionary Rule in Terry Vs Ohio

allowed the Court to 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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