Exclusionary Rule Evaluation Essay

924 words - 4 pages

Exclusionary Rule Evaluation
From the Fifth Amendment comes the Exclusionary Rule which affirms that no entities or things may be used and showed in court if taken unlawfully or without appropriate search warrant. Public citizens are well-known with the idea that they have a right to confidentiality, and cannot be investigated devoid of a warrant. Nevertheless, not many people comprehend how the exclusionary rule, which is what truly imposes this right, defends us. The rationale and purpose of Exclusionary Rule discourage police delinquency. Exclusionary Rule is also grounded in Fourth Amendment and it is projected to guard people from prohibited searches and seizures. This Rule is also ...view middle of the document...

S. vs. Leon and Mass. vs. Sheppard, both in 1984. In this situation, an officer obtains a warrant from a magistrate and takes action on it to get hold of proof. Nonetheless, there could have been a mistake in permitting the police force to have the merit. Since the point of the exclusionary rule is to dissuade law enforcer’s transgression, and there would have been no misbehavior by a law officer, the confirmation would not be concealed (Prontes, 2009).
There is a massive remuneration regarding the Exclusionary Rule. First, it put off police misbehavior by avoiding illicitly acquired facts from being launched in a court case. Second, it is indispensable in defending someone’s fourth amendment right to confidentiality. Third, it is the legal reliability of this state to guarantee that the unchallengeable rights (natural rights) of the citizens are not depressed. Lastly, it has the prospective to make justice certain by preventing the falsehood of evidence from stirring. The cost of exclusionary rule is that it keeps evidence from the adjudicators and makes it more complicated and more unfeasible to achieve a conviction because of the failure of the evidence or the requirement of a retrial (Rubin, 2009). 
Civil actions against police officers and sectors are one possible alternative (Markman, p. 426). This would let compensatory and punitive damages against police force and police departments which are also a way of punishing offenders particularly.  It can be disputed that the exclusionary rule does not purposely castigate anyone.  A civil action in opposition to the law enforcers would discipline the search and seizure violators, and the wrongdoer will still go to prison. Another promising alternative would to reinforce the internal disciplinary measures within the police departments (Markman, p. 426). Intensification of the disciplinary procedures would permit police departments to more efficiently managing misconduct by police officers.  Other alternatives...

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