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Exclusionary Rule Essay

657 words - 3 pages

Exclusionary Rule Paper
CJA/364
July 10, 2013
Bretton Barber

Exclusionary Rule Paper
The exclusionary rule as it applies to the field of criminal justice is one that was put in place with the Fourth Amendment, that states all citizens are protected from illegal search and seizure. The exclusionary rule basically adds that evidence that is obtained illegally is not permissible in court. There are many views in favor as well as opposition of the exclusionary rule, because of the purpose and exceptions.
The purpose of the exclusionary rule is to accompany the fourth amendment, reinforcing the rights of citizens to be protected from illegal search and seizure by law enforcement. Without the exclusionary rule being enforced by the court system the fourth amendment would stand as a mere suggestion, allowing law enforcement to possibly use evidence obtained illegally to be used against the accused person. This rule serves mainly as a deterrent to police officers from ...view middle of the document...


There are many other reasons the exclusionary rule is considered controversial, including the cost. One might not think there would be any cost associated with a rule to the law, it is a rule because it is necessary to have people follow it however, if you were to consider that this rule may set many guilty people free, using up funds set aside for necessary court procedures, you might reconsider your stance. Some people also believe that this law prohibits law enforcement at times from discovering the whole truth during an investigation by limiting their ability to search for evidence that they know is out there somewhere.
In my personal opinion it seems as if the exclusionary rule was intended to deter a law enforcement officer from breaking the rules by enforcing the fourth amendment. Having said that I believe that this rule is somewhat ineffective, as it may lean a little too far to the side of allowing a defendant to “ get away” with a certain amount of rule braking themselves, simply because an officer may not have done his or her job to the best of their ability. It seems a shame to think that there must be several guilty people walking in our communities simply because an officer might have had an off day, made a step inside of a line that they shouldn’t have so to speak. Even if the rate at which an incident like this occurs is very few and far between, isn’t one potentially dangerous person one person too many to walk the streets of your neighborhood? On the other hand, if the exclusionary rule is used properly and may potentially deter a police officer from misconduct, then it is worth its weight in gold. Our society as a whole is plagued with dishonesty, abuse and negative behavior so, it is important as criminal justice professionals that we maintain a position of honesty, trust good deeds within our community.

References:
Perspective on the Simpson Case : The Fourth Amendment Survives the Worlds Biggest Courtroom. (1994). Retrieved from http://www.losangelestimes.com
Cameron, J. D., & Lustiger, R. (1984). Exclusionary Rule - A Cost-Benefit Analysis. , ().

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