The reason we make such a priority out of protecting the rights of the accused is for a very specific and simple reason: to prevent the rights of the innocent. The exclusionary rule can trace its origins to the fourth amendment, which protects us from illegal searches and seizures. Weeks v. United States set a precedent for a manner in which the judicial system can effectively enforce the fourth amendment. This principle was articulated by Justice Day in the following passage:
The tendency of those who execute the criminal laws of the country to obtain conviction by means of unlawful seizures...should find no sanction in the judgments of the courts, which are charged at all times with the support of the Constitution, and to which people of all conditions have a right to appeal for the maintenance of such fundamental rights (Arthur & Shaw 357).
Additionally, the Supreme Court has also established the exclusionary rule as being “an essential part of both the Fourth and Fourteenth Amendments” (Arthur & Shaw 357). What can be ascertained as a result from these two passages of legal opinion deliv...
... middle of paper ...
... officers consistently lying in order to protect themselves. The problem being the supposed truism that police officials are more trustworthy than the average citizen. Because of this, any court and especially one based upon this tort method would fail to hold a violating police official accountable for his actions.
The exclusionary rule serves its purpose, and serves its purpose effectively. It creates a deterrent for police officers to respect one’s individual rights to privacy, and in doing so, forces them to perform their duty in a manner which is more consistent with the ideals of individual rights upon which this nation is based. If it should be at all changed, it should be to hold police officers more accountable for their illegal searches and seizures, as opposed to simply hampering their efforts toward a conviction.
1) McCloskey, James. “Convicting the Innocent”. John Arthur and William Shaw. Readings in the Philosophy of Law. 3rd Edition. Prentice Hall. 2001.
2) Wilkey, Malcolm R. and Stephen H. Sachs. “A Debate on the Exclusionary Rule”. John Arthur and William Shaw. Readings in the Philosophy of Law. 3rd Edition. Prentice Hall. 2001.
Need Writing Help?
Get feedback on grammar, clarity, concision and logic instantly.Check your paper »
- The Fourth Amendment is the basis for several cherished rights in the United States, and the right to the freedom of unreasonable searches and seizures is among them. Therefore, it would seem illegitimate- even anti-American for any law enforcement agent to search and seize evidence unlawfully or for any court to charge the defendant with a guilty verdict established on illegally attained evidence. One can only imagine how many people would have been sitting in our jails and prisons were it not for the introduction of the exclusionary rule.... [tags: Exclusionary Rule Essays]
966 words (2.8 pages)
- The ‘exclusionary rule’ was created to put under limitations the Federal officials and United States courts as they exercise their powers and authority. Additionally, it is in place to see that people maintain their own privacy and rights guaranteed in the Fourth Amendments. It also allows people to secure their premises, person, papers and other effects from unwarranted and unreasonable searches and seizures under the pretense of law. The United States constitution does not allow or tolerate police searches and seizures without warrants and therefore illegal searches and seizure unless there is a good reason for it.... [tags: Supreme Court, fourth ammendment]
1979 words (5.7 pages)
- The fourth amendment and the exclusionary rule have played a pivotal role in the court systems of the United States in determining whether or not evidence was legally obtained by a law enforcement officer. The fourth amendment protects US citizens from illegal search and seizures along with the right to avoid having to self-incriminate one’s self in court. The rights of the citizen will supersede the court case even if without reasonable doubt the defendant was guilty of committing a crime due to the exclusionary rule.... [tags: Supreme Court of the United States]
2330 words (6.7 pages)
- The exclusionary rule is a judge-made case law that is publicized by the Supreme Court to avert police or government unlawfulness. It also forbids proof acquired violating a person’s constitutional rights from being allowed in court. The exclusionary rule is the most used method to hold forth constitutional violations by the government in criminal cases because of its closeness and the effect on search and seizures that are found unconstitutional due to police performance. The exclusionary rule may also aid in preservation in judicial morals by stopping judicial consensus in refusing the Fourth Amendment rights of a person.... [tags: Fourth Amendment to the US Constitution]
830 words (2.4 pages)
- The Exclusionary rule requires that any evidence taken into custody be obtained by police using methods that violates an individual constitutional rights must be excluded from use in a criminal prosecution against that individual. This rule is judicially imposed and arose relatively recently in the development of the U.S. legal system. Under the common law, the seizure of evidence by illegal means did not affect its admission in court. Any evidence, however obtained, was admitted as long as it satisfied other evidentiary criteria for admissibility, such as relevance and trustworthiness.... [tags: Illegal Search and Seizure]
835 words (2.4 pages)
- The exclusionary rule is one of the utmost controversial rulings in our judicial system. The exclusionary rule can be best defined as “the principle based on federal Constitutional Law that evidence illegally seized by law enforcement officers in violation of a suspect 's right to be free from unreasonable searches and seizures cannot be used against the suspect in a criminal prosecution.” (The Free Dictionary , 1981-2015) The exclusionary rule is not to be mistaken as being intertwined within the constitution for it is not a part of it, instead it is a remedy specially designed by the courts to reconcile violations against a defendant’s 4th amendment rights.... [tags: Fourth Amendment to the United States Constitution]
1436 words (4.1 pages)
- The Fourth Amendment exclusionary rule has undergone a harsh and controversial development. This article not only critically analyzes the numerous alternatives and slight modifications to the exclusionary rule but the advanced by courts and commentators as well, (Schroeder, 1361). The article also puts emphasis on the alternative route of police policy making and a means to control official misconduct and violations of citizens rights. The exclusionary rule is one of the most significant defense stance of the fourth amendment.... [tags: Fourth Amendment to the US Constitution]
791 words (2.3 pages)
- The Constitution of the United States was designed to protect citizens' civil rights from infringement by the government and law enforcement agencies. The Constitution guarantees that the civil liberties of the people of this country shall be respected and upheld. That fact is often considered to be common knowledge and taken for granted by the vast majority of the population. However it was not always that way. American legislation is constantly growing and developing. New rules and practices are being developed and established.... [tags: Illegal Search and Seizure]
1600 words (4.6 pages)
- In 1914, during the Supreme Court case Weeks versus the United States, the exclusionary rule was established (Hendrie 1). The exclusionary rule was a part of the Fourth Amendment. It states that evidence found at a crime scene is not admissible if it was not found under the correct procedures. This means that the government cannot conduct illegal searches of a person or place and use evidence that is found at that time. The government must go through the procedures of obtaining warrants or have probable cause to search an individual or place.... [tags: Illegal Search and Seizure]
939 words (2.7 pages)
- In order for the rights listed in the Constitution to have substance, there must be enforceable remedies imposed on the government for violations of those rights. In 1914, the U.S. Supreme Court, in the landmark case of Weeks v. United States,2 introduced the exclusionary rule as a remedy for violations of the Fourth Amendment.3 The Weeks Court felt that the only effective way to enforce the Fourth Amendment right to be secure from unreasonable searches and seizures was to adopt a rule that evidence seized in violation of the Fourth Amendment could not be used by the government against a defendant at trial.... [tags: Illegal Search and Seizure]
615 words (1.8 pages)