Saturday, January 18, 2014

Exclusionary Rule

Exclusionary Rule EssayExclusionary Rule EssayNameUniversity / CollegeCourse and Course NumberProfessorPAGE 4Exclusionary Rule EssayIt backsidenot be avoided that a person may experience encroachment on his independence . The libertyor freedom from unwarranted practice of integrity look fores and suezures accorded to individuals essential(prenominal) berecognized by the regime by dint of the police officers . It leads to the idea that there should beprotection in kick upstairs of the ordinary person when it comes to extra goodly search and seizure . Without theconstitutional constraints on the duty of the police to inflict police powers , the freedom of thepeople go away be impact . These can be done through the application of the exclusionary formulaHowever , this law is not really against police officers . It is a address for them in the properimplementation of the laws . Thus , police officers should not shot the exclusionary rule negativelyIt is fail to view it as a guide in workings in the streets enforcing the rules and regulations of thegovernmentThe Free Dictionary specify exclusionary rule as the , rule that provides that otherwise permissible evidence cannot be utilize in a criminal exam if it was the result of il statutory policeconduct ( Exclusionary Rule . This meaning that , evidences being obtained in illegal searches mustnot be received in court as evidence . The match of exclusionary rule was that , it permits a criminalsuspect to prevent the prosecution from introducing at campaign otherwise admissible evidence thatwas obtained in impact of the war paint ( Exclusionary Rule- Origins and phylogenesis of thebRule , The Policy Debate , other Constitutional Exclusionary Rules Proposals for ReformThis rule can be illustrated in this way . That would happen in a situat ion wherein the policestopped a auto for a ! violation of relations rules .
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Upon issuing a citation for that matter , the police officernoticed and seen a pack of cocain in the backseat of the motorcar . In this wooing , the police officer seizedPAGE 4the pack of cocaine . During trial , when the defendant proves that there was no consent on his partupon the seizure of the pack of cocaine , and that the police has no probable cuase in which the packof cocaine was seized , there was a case of illegal search .Still forward trial , the number one wood of the car must prove that his rights has been violated in tosupress cocaine as illegally seized evidence . If ever there are problems in this legal process , theparties may call w itnesses in to prove serious matters . If the judge will decide in favor thecar number one wood , such that there was an illegal search , the exclusionary rule is applicableThe car driver in the case given was technically brutal . This is because it is either theevidence or the pack of cocaine was placed in the car , or the police officer placed the corresponding in thebackseat of the car . But , because the Constitution provided these rule for the seduce of the people , itshould be implemented in good faith...If you wishing to get a full essay, order it on our website: OrderEssay.net

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