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Why the Exclusionary rule is necessary.

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Some conservative commentators and a few judges say that the exclusionary rule is no longer necessary to deter police misconduct. You work as a lawyer in a local law firm. Your supervisor asks you to analyze the utility of the exclusionary rule:

A list of the possible remedies when the police violate a defendant's constitutional rights.

An analysis of reasons why the Supreme Court chose the exclusionary rule.

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Solution Summary

This solution highlights the necessity of maintaining and ensuring that the exclusionary rule is used in cases of police misconduct regarding illegal search and seizure.

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The exclusionary rule initiated by the Supreme Court is a rule that is still pertinent and necessary in the courts because the reasoning behind this rule has never dissipated. The rule was implemented because of the real and often police mistakes or deliberate fabrication of search warrants or the lack thereof, allowing police to confiscate and charge suspects who had a constitutional 4th amendment protection ...

Solution provided by:
Raushaun Rigsby, MSc
Education
  • Associates of Arts , Lone Star Community College
  • Bachelor of Science , Sam Houston State University
  • Masters of Science, Kaplan University
  • Masters of Science , Kaplan University
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