Pros and Cons of the Exclusionary Rule - 1538 Words

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. It manifests society’s refusal to convict lawbreakers by relying on official lawlessness—a clear demonstration of our commitment to the rule of law that states that no person, not even a law enforcement official, is above the law. 3. It results in the freeing of the guilty in a relatively small proportion of cases. A 1978 study by the General Accounting Office found that, of 2,804 cases in which defendants were likely to file a motion to†¦show more content†¦Among the proposals are the following: _ An independent review board in the executive branch. This proposal envisions a review board composed of nonpolice personnel to review allegations of violations of constitutional rights by the police. The problem with this alternative is that police oppose it because it singles them out among public officials for differential treatment. Moreover, outsiders are viewed by the police as unlikely to be able to understand the difficulties and dangers inherent in police work. _ A civil tort action against the government. This would mean filing an action seeking damages from the government for acts of its officers. It poses real difficulty for the plaintiff, who would have to shoulder the financial cost of the litigation. Most defendants do not have the resources to finance a civil case, particularly after a criminal trial. Low damages awards against police officers usually discourage the filing of civil tort actions except in egregious cases. _ A hearing separate from the main criminal trial but before the same judge or jury. The purpose of the hearing is to determine if, in fact, the officer behaved illegally in obtaining the evidence used during the trial and, if so, to impose the necessary sanctions on the officer. Although this is the least expensive and most expedient alternative, its effectiveness is questionable. If the violation is slight, theShow MoreRelatedPros And Cons Of The Exclusionary Rule1017 Words   |  5 Pagesthe one that we will be d iscussing in this paper is the exclusionary rule. It is the introduction of a good evidence, that it is obtained by a bad law enforcement, is most common in the United State than other countries legal system. To put it in other words, the exclusionary rule is controversial. Therefore, many experts say that it sets criminals free on minor points. In this paper, I will speak about the pros and cons of the exclusionary rule, how it is effecting the criminal justice system of theRead MoreExclusionary Rule Pros and Cons1951 Words   |  8 PagesThe 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 constitutional rights. If the government was to rid itself of the exclusionary rule, then it has the potential to be infringing on its citiz ens rights. The government could essentially walk into anyone whoRead MoreThe Evolution of the Exclusionary Rule1733 Words   |  7 Pages 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 justiceRead MorePacker s Model Of The Criminal Process3125 Words   |  13 Pagesenforcement agencies possess should be limited to prevent official oppression of the individual. The constitutional rights of the defendant being tried aren t just measly technicalities and the criminal justice authorities should be held accountable to rules, procedures, and guidelines to ensure equality and regularity in the justice process. The criminal justice process should act as its own checks and balances system, which would consist of a series of impediments that act as procedural safeguards whichRead MoreMinimum Tolerance Policies : Zero Tol erance, Zero Education1879 Words   |  8 Pagesbecause the quote says that there is a direct correlation of students suspended are often funneled into the criminal system. Some pros of zero tolerance policies are that suspending and expelling bad children is that because bad children break rules it doesn’t matter what rule was broken or why just that there â€Å"should [be] some type of consequence† (Morin, The Pros and Cons of Zero Tolerance Policies). Which that would be relevant and would work if the things students did were extremely bad like bringingRead MoreSearch and Seizure Essay2432 Words   |  10 Pagesa crime has been or is being committed with probable cause a warrantless search may be conducted. Another important part to the fourth amendment is the exclusionary rule. This rule makes it clear that any evidence seized during an illegal search or violation of the fourth amendment not admissible during a criminal trial. The main goal of this rule was to deter police officers from violating suspects constitutional rights. The forth amendment grew from the experience of the colonials dealingRead MoreUse and Application of the Zero Tolerance Policy in American Schools1773 Words   |  8 Pagesto mandate the application of pre-determined consequences of violation of stated rules. These rules may pertain to a number of issues; drugs, bullying, theft, and corporal punishment. This report will review and explore the various uses of the zero tolerance plan and its applications throughout schools in American society. There will be a study on the effectiveness of zero tolerance, an outline of the pros and cons of its usage, an evaluation of a case scenario as it pertains to the utilizationRead MoreDiversity Management1945 Words   |  8 Pagesothers to bring up those subjects, even in the form of complaints. The more open and authentic the dialogues that take place, the easier it becomes to promote change. Search for behaviors of exclusion. Whether exhibited by yourself or others, many exclusionary behaviors are unintentional—or even wellintentioned, such as assuming a working mother would refuse a weekend travel assignment. Constantly seek out and eliminate such behaviors. Create an environment of advantages. Small, unintentional inequalitiesRead MoreDiversity Management1955 Words   |  8 Pagesothers to bring up those subjects, even in the form of complaints. The more open and authentic the dialogues that take place, the easier it becomes to promote change. Search for behaviors of exclusion. Whether exhibited by yourself or others, many exclusionary behaviors are unintentional—or even wellintentioned, such as assuming a working mother would refuse a weekend travel assignment. Constantly seek out and eliminate such behaviors. Create an environment of advantages. Small, unintentional inequalitiesRead MoreStudy Guide5838 Words   |  24 Pagesthe Declaration of Independence and the Constitution? John Locke The writings of John Locke, a British philosopher of the Enlightenment period, had a profound influence on the Founding Fathers. What was the colonists’ primary complaint about the rule of the British Crown? The American colonists’ primary complaint was that they were subject to heavy taxes from the British Crown. Which of the following was a component of the Coercive Acts? Establishment of martial law, the requirement for the