How has the exclusionary rule affected policing - Research Paper Example

This shows why the congress intents to make distinction as to the necessity for search warrant in the searching of private property in the enforcement of the prohibition act. Exclusionary Rule is a lawful principle in the United State under the law of the constitution. It holds that evidence gathered or analyzed in manipulation of the defendant’s constitutional rights is t times inadmissible for prosecution of a criminal in a law court. This rule can be an example of a prophylactic rule, which is formulated by the judiciary to safeguard a right of the constitution.

I think this rule only protects the guilty. The exclusionary rule bars the government from making use o the evidence collected in the violation of the constitution of the United States. This rule is biased as it applies to proof got fro and irrational search or seizure in violation of the fourth amendment (Clancy, 2008). The fourth amendment prohibits or denounces searches and seizures as unreasonable in a manner in which will conserve individual rights and public interests. In addition, the Supreme Court states that under the fourth amendment to the constitution, police officers should get search warrants to carry out searches and seizures unless their actions fall within a few specifically and well-drawn exceptions.

This rule is of the view that when an individual collects any evidence that is illegal, the court cannot accept it as proof against the suspect in question. In relation to policing, the exclusionary rule is best understood by incorporating the established laws and the economics phenomena: section bias, principal-agent problems, moral hazard, and violence through substitution. Effects of exclusionary rules on policing The fourth amendment on the exclusionary rules protects the “right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures,” and specifies procedural safeguards to that end.

with this rule in place, it means that the police force has no right to search people if they feel their security is threatened or unless it is in good faith. The police has very little it can do in case it is looking for evidence against a suspect. The police force can choose to ignore all suspicious happening in its area of operation though it is not in line with the oath of office to overlook public misconduct. This is because the rule is frustrating. The exclusionary rule has a beneficial influence on police.

It creates genuine incentive for police departments to educate their members in the constitutional rights of suspected persons. All people have equal treatment. This is because a suspect can only be a criminal after proving guilty. This means that the law protects them from harassment. The police force is good at harassing individuals just because they are after evidence. By enacting the exclusionary rule, all police teams will learn to appreciate human space. Through training that all the police forces will offer, there will be a good policing unit because every suspect will be handled like a worthy human being.

Policing is a government unit with an obligation to provide internal security to the citizens. The use of exclusionary rule will help this governmental unit observe its finances. This is because an police misconduct attracts a fine. This means that if the police officers carry out an operation