The exclusionary rule protects the accused in a criminal case against possible violations of the rights of the accused and is applicable to all people that are accused of any criminal offense and are brought to the court within the United States territory (Berg, 2008). Under…
On the other hand, under the Fifth Amendment no person “shall be compelled in any criminal case to be a witness against himself” (United States Constitution, Fifth Amendment) thus, a person is protected from self-incrimination. In the same manner, the Sixth Amendment guarantees the right to counsel, thus a statement made by a person to the police without the assistance of his or her lawyer may be excluded from the court proceedings (Berg, 2008).
The application of the exclusionary rule in the United States has been defined by many leading cases decided by the Supreme Court. The case of Boyd v. United States (1886)1 is one of the earliest leading cases where the Supreme Court applied the exclusionary rule together with the Fourth Amendment. According to the Court in this case, the invasion of the “indefeasible right of personal security, personal liberty, and private property” violates the provision of the Fourth Amendment and any evidence gathered through the unreasonable search and seizure should be excluded in the court.
The application of the exclusionary rule in relation to the Fourth Amendment was later on strengthened by the decision of the Supreme Court in the case of Weeks v United States (1914)2.The case of Weeks v United States (1914)3 is the first case where the United States Supreme Court established a strong exclusionary rule under the Fourth Amendment. According to the Court in this case, the warrantless seizure of objects or items from the residence of a private individual is a violation of the rights established under the Fourth Amendment and as such, these objects or items may not be used as evidences in a court proceeding. The Court also said in this case that the exclusion of these objects or items extend to the illegally obtained evidence in federal court.
The exclusionary rule in the United States was further strengthen in the decision of the court in the case of ...
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(“THE EXCLUSIONARY RULE Essay Example | Topics and Well Written Essays - 1000 words”, n.d.)
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(THE EXCLUSIONARY RULE Essay Example | Topics and Well Written Essays - 1000 Words)
“THE EXCLUSIONARY RULE Essay Example | Topics and Well Written Essays - 1000 Words”, n.d. https://studentshare.net/miscellaneous/392493-the-exclusionary-rule.
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.
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.
Exclusionary rule can be seen as prophylactic Rule formulated by the judiciary in order to protect a constitutional right of person. It also desires to provide a remedy and disincentive short of criminal prosecution, for prosecutors and the police who illegally gather evidence in violation of the fourth and fifth amendments in the Bill of Right.
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
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
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
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
Under the 42 U.S.C. 1983, the employees sought back-pay and injunctive relief for being unlawfully forced to take unpaid leave (“Monell, et al. v. Department of Social Services of the City of New York et al.,” 1978).