Skip to main content

What is the Exclusionary Rule and how does it apply to the Fourth Amendment? Why is this rule important to protect innocent people, and what do the...

--The Exclusionary Rule


The Exclusionary Rule pertains to evidence that is gathered or attained from an illegitimate search and seizure, a method that is in violation of the Fourth Amendment. The Fourth Amendment to the Constitution is meant to protect the individual's privacy in its prohibition of government intrusion.


In addition, the Exclusionary Rule applies to the Fifth Amendment because it protects people from self-incrimination by prohibiting the improper attainment of statements that are self-incriminatory.
It also applies to the prohibition of evidence attained improperly. That is, if evidence that is gathered in violation of the Fourth Amendment leads police to other evidence that would not be otherwise attained, then the Exclusionary Rule applies to both the initial evidence and the related evidence, as well. [https://www.law.cornell.edu/wex/exclusionary_rule]


--Why the Exclusionary Rule is disturbing


The prohibition of evidence gathered through great effort and time often is very disturbing to police because the officers may have assumed that this evidence was gleaned legally, having been unaware that the Exclusionary Rule was previously broken. Also, when the police see guilty people go free simply because of procedural mistakes (e.g., forgetting to read a suspect his/her Miranda Rights) they probably feel very frustrated that a known criminal has escaped the law.


--How police can work around the Exclusionary Rule


Although police have been known to skirt corners in their eagerness to have a criminal convicted, many work harder to attain substantive evidence legally. 
Also, under what is called the good-faith exception, evidence obtained by officers who have relied upon a search warrant that turns out to be invalid is still admissible. [Arizona v. Evans, 514 U.S. 1 (1995)]


--Does the Exclusionary Rule protect individuals more or help police?


The Exclusionary Rule seems to be more protective of people as it prohibits the violation of their privacy and it ensures that police are better trained in executing the law.

Comments

Post a Comment

Popular posts from this blog

Is there a word/phrase for "unperformant"?

As a software engineer, I need to sometimes describe a piece of code as something that lacks performance or was not written with performance in mind. Example: This kind of coding style leads to unmaintainable and unperformant code. Based on my Google searches, this isn't a real word. What is the correct way to describe this? EDIT My usage of "performance" here is in regard to speed and efficiency. For example, the better the performance of code the faster the application runs. My question and example target the negative definition, which is in reference to preventing inefficient coding practices. Answer This kind of coding style leads to unmaintainable and unperformant code. In my opinion, reads more easily as: This coding style leads to unmaintainable and poorly performing code. The key to well-written documentation and reports lies in ease of understanding. Adding poorly understood words such as performant decreases that ease. In addressing the use of such a poorly ...
Post a Comment
Read more

A man has a garden measuring 84 meters by 56 meters. He divides it into the minimum number of square plots. What is the length of the square plots?

We wish to divide this man's garden into the minimum number of square plots possible. A square has all four sides with the same length.Our garden is a rectangle, so the answer is clearly not 1 square plot. If we choose the wrong length for our squares, we may end up with missing holes or we may not be able to fit our squares inside the garden. So we have 84 meters in one direction and 56 meters in the other direction. When we start dividing the garden in square plots, we are "filling" those lengths in their respective directions. At each direction, there must be an integer number of squares (otherwise, we get holes or we leave the garden), so that all the square plots fill up the garden nicely. Thus, our job here is to find the greatest common divisor of 84 and 56. For this, we prime factor both of them: `56 = 2*2*2*7` `84 = 2*2*3*7` We can see that the prime factors and multiplicities in common are `2*2*7 = 28` . This is the desired length of the square plots. If you wi...
Post a Comment
Read more

What warning does Chuchundra issue to Rikki?

Chuchundra, the sniveling, fearful muskrat who creeps around walls because he is too terrified to go into the center of a room, meets Rikki in the middle of the night. He insults Rikki by begging him not to kill him. He then insults him by suggesting that Nag might mistake Chuchundra for Rikki. He says, "Those who kill snakes get killed by snakes."  He issues this warning to Rikki not to help keep Rikki safe but as a way of explaining why Rikki's presence gives him, Chuchundra, more reason to fear.  Chuchundra starts to tell Rikki what Chua the rat told him--but breaks it off when he realizes he might be overheard by Nag. He says, "Nag is everywhere, Rikki-Tikki." Rikki threatens to bite Chuchundra to get him to talk. Even then, Chuchundra won't overtly reveal any information. But he does say, "Can't you hear, Rikki-Tikki?" This is enough of a clue for the clever mongoose. He listens carefully and can just make out the "faintest scratch-s...
Post a Comment
Read more