Exclusionary Rule Evaluation

1106 words 5 pages
Exclusionary Rule Evaluation

Criminal Procedure/CJA 364

University of Phoenix

Exclusionary Rule Evaluation
The exclusionary rule is an important doctrine supporting the ideals of the Fourth Amendment of the United States Constitution. The Fourth Amendment provides people under the jurisdiction of the American criminal justice system protections from unreasonable searches and seizures. The amendment also delineates the methods members of the criminal justice system may obtain information via judicially sanctioned search warrants based on probable cause. The exclusionary rule exempts some evidence even when the seizure or location of the evidence may violate the Fourth Amendment. The rule also provides some benefits and
…show more content…

In Nix v. Williams (1984), the Supreme Could held the statements made a defendant at the prodding of a police officer after the defendant’s refusal to speak without an attorney could be introduced as evidence. The basis for the decision was the concurrent search for evidence by volunteers in the same area as the defendant indicated after the prodding by the officer. The court held police would locate the evidence because of the concurrent search regardless of the defendant’s statements; therefore, the evidence is admissible (Del Carmen, 2010). The purged taint exception allows evidence collected or obtained illegally to be admissible when certain actions “purge” the taint of illegal seizure. In Wong Sun v. United States (1963), the Supreme Court held the confession of Sun was admissible because Sun voluntarily returned to a police station and confessed to a crime after a previous illegal search by police officers. The voluntary return and confession purged the taint from an illegal search making the confession admissible as evidence (Del Carmen, 2010).
The exclusionary rule offers a few benefits for the criminal justice system. The rule deters law enforcement from violating the rights of citizens when gathering evidence. The rule also reinforces the due process clause of the Fourteenth Amendment as it prevents members of the criminal justice system from ignoring the guarantees of the due process

Related

  • Exclusionary Rule Evaluation
    879 words | 4 pages
  • Federal Income 10th Ed Outline
    9535 words | 39 pages