StudentShare solutions
Triangle menu

Exclusionary rule - Essay Example

Not dowloaded yet

Extract of sample
Exclusionary rule

It was applied in 1955 in California supreme court in a case between people V. Cahan, so by almost 1960, 22 sates in USA adopted the rule, this are califormia, Delaware, Frorida, Idaho, Illinois, Indiana, Kentucky, Mississippi, Missouri, Montana, north, Caolina, Oldahoma, Oregon, Rhode Island, Tennesse, Washington, Texas, west Vigina, Wisconsin, Wyoming, Michigan.
Also Exclusionary Rule does not bar the introduction of all evidence obtained in violation of the fourth, Fofth, or Sixth Amendment in case of Criminal case. See Hudson V. Michigan, 547. U.S. 586, 126 S. Ct. 2159 (june 1, 2006), justice scalia write for U.S. Supreme court.
(http://en.wikipedia.org/wiki/Exclusionary_rule)Suppression of evidence, however, has always been our last resort, not our first impulse. The exclusionary rule generates "substantial social costs," United States v. Leon, 468 U.S. 897, 907 (1984), which sometimes include setting the guilty free and the dangerous at large. We have therefore been "cautious against expanding" it, Colorado v. Connelly, 479 U.S. 157, 166 (1986), and "have repeatedly emphasized that the rule's 'costly toll' upon truth-seeking and law enforcement objectives presents a high obstacle for those urging [its] application," Pennsylvania Bd. of Probation and Parole v. Scott, 524 U.S. 357, 364-365 (1998) (citation omitted). ...Show more

Summary

According to wikipidia online, define Exclusionary rule as a legal principle in the United States, under constitutional law that holds that evidence collected or analyzed in violation of the defendant's constitutional rights is inadmissible for a criminal prosecution in a court of law.
Author : harryrogahn
Exclusionary rule essay example
Read Text Preview
Save Your Time for More Important Things
Let us write or edit the essay on your topic
"Exclusionary rule"
with a personal 20% discount.
Grab the best paper

Related Essays

Government Law Essay
This authority has provided the Supreme Court with a very important responsibility of ensuring citizen’s rights and to maintaining a live constitution whereby its provisions are used in resolving complex situations. In almost all cases heard by it, the Supreme Court exercises appellate jurisdiction that is provided for under Article III of the Constitution.
4 pages (1000 words) Essay
Exclusionary Rule Evaluation
The proponent’s stand on this issue is also included. Keywords: Exclusionary rule, searches, seizures Rationale and purpose of Exclusionary Rule Exclusionary Rule prevents the use of gathered evidences that are illegally seized in the law enforcement because of not observing the right of suspect to be free from unreasonable searches and seizures which is subject of the Fourth Amendment (Del Carmen, 2009, p.
3 pages (750 words) Essay
Law, Exclusionary Rule
Fourth Amendment was made to protect the interest and rights of citizens and to prevent harassment / intrusion to their personal life and property. It protects citizens against unreasonable searches and seizures. The Exclusionary Rule was framed by Judges of Supreme Court of US in 1914 (Weeks v.
6 pages (1500 words) Essay
The Exclusionary Rule
Essentially the exclusionary rule is designed as a large disincentive to police/prosecutors who might illegally gather evidence. The rule first appeared with Weeks v. United States1 in which the United States Supreme Court held that illegal seizure of items from a private residence constitutes a violation of the Fourth Amendment.
9 pages (2250 words) Essay
Exclusionary rule and the fruit of the poisonus tree
Essentially the exclusionary rule is designed as a large disincentive to police/prosecutors who might illegally gather evidence. The rule first appeared with Weeks v. United States1 in which the United States Supreme Court held that illegal
9 pages (2250 words) Essay
LAW
It protects citizens against unreasonable searches and seizures. The Exclusionary Rule was framed by Judges of Supreme Court of US in 1914 (Weeks v.
6 pages (1500 words) Essay
Mapp v. Ohio case: exclusionary rule
Some hours later with the help of some other officers, one of the doors to the house was forcibly open after the appellant refused them entry for a second time. The attorney of the appellant arrived shortly
2 pages (500 words) Essay
THE EXCLUSIONARY RULE
titutional in the United States, the exclusionary rule holds that evidences gathered in violation of the Fourth, the Fifth and the Sixth amendments may not be admitted in court (Berg, 2008). Under the Fourth Amendment, evidences that are gathered by the police through illegal
4 pages (1000 words) Essay
Weeks v. United States
If it is determined that any evidence submitted against a citizen has been unlawfully obtained, such evidence will be found inadmissible in court. Take for example, the case of Weeks vs. U.S (1914). Weeks had been convicted of a crime due to evidence that had been
2 pages (500 words) Essay
Exclusionary Rule Evaluation
Exclusionary rule aims at abandoning police misconduct and control of illegal harassment by police officers during evidence collection procedure. The Exclusionary rule is made for preserving the constitutional
3 pages (750 words) Essay
Get a custom paper written
by a pro under your requirements!
Win a special DISCOUNT!
Put in your e-mail and click the button with your lucky finger
Your email
YOUR PRIZE:
Apply my DISCOUNT
Comments (0)
Rate this paper:
Thank you! Your comment has been sent and will be posted after moderation