Topic > Analyze the Logic and Purpose of the Exclusionary Rule

Analyze the Logic and Purpose of the Exclusionary Rule The exclusionary rule is not in the Constitution because it was enacted by the court due to the need that arose. The intention was to ensure that the 4th Amendment was upheld and not violated. Most people are aware of their right to privacy and how this protects them from unwarranted searches. However, most of them do not understand how the exclusionary rule that guarantees this right is protected. The exclusion rule is intended to refrain from inappropriate behavior by the police. The 4th Amendment protects every citizen from unlawful searches and arrests. When the police violate this 4th Amendment right, the evidence collected will be avoided in federal court. There are three foundations of the exclusion rule. First, an illegal action by a police officer or police officer. You must then obtain proof of such action from the police and police officers. The last element requires that there must be a connection between the evidence acquired and the unauthorized act. In the event that it is not possible to establish a connection between the evidence and the offense committed in the acquisition of the evidence, then, due to the doctrine of mitigation, the evidence falls outside the exclusionary rule. In the event that the defense is satisfied that such a violation of Rule 4 Amendment Rights has been made, a motion may be made by the defense attorney, to suppress the evidence. The prosecutor will then have to prove that there was no such violation, by a preponderance of the evidence. Failure of the prosecution to prove its case will result in the Chief Judge's dismissal of evidence from the case. Nonetheless, during rebuttal, when witness credibility is... middle of the paper... benefits to society should trump application of the rule. To ensure the ultimate benefit from the exclusion rule, the balance maintained in its implementation should be inclined towards the need for a healthy and sensible society. Even with the exclusionary rule, warrantless searches cannot be completely eradicated. With the Supreme Court having the right to develop exceptions, the right to privacy will be suppressed. To ensure that maximum benefit is derived from the rule, the magistrate should never be biased. In light of social values ​​and the common good, the magistrate should also not be too rigid to take other variables into consideration. To ensure that the police do not misuse the warrant given to them, I think it would be prudent for the warrant to be specific about what and where to collect evidence.