Analyze the rationale and purpose of the exclusionary rule and identify exceptions to the exclusionary rule. In your analysis, state the costs and benefits of the exclusionary rule, as well as alternative remedies to the rule. State your position on the exclusionary rule and provide support for your position.© BrainMass Inc. brainmass.com October 25, 2018, 9:35 am ad1c9bdddf
The rationale and purpose of the exclusionary rule is to prevent unjust and illegal arrests of American citizens and to protect the Fourth and Fourteenth Amendments that pertain to unreasonable searches and seizures and the Equal Amendment. The exclusionary rule ensures that American citizens have due process, which is a vital and necessary part of American law wherein the necessity for Due Process is so paramount that the Bill of Rights addresses the issue on many fronts. The rule was and remains one of the most effective deterrents to government abuse of citizen's rights and it is a constitutional right afforded to citizens under the Fourth Amendment of the U.S. Constitution. This was highlighted and affirmed in the Supreme Court case Weeks v. United States in 1914. This rule enforces deterrence and represents an individual remedy for citizens when their rights are violated by police or other governmental agencies under the Fourth Amendment.
Justifications for the exclusionary rule in regard to the rationale and purpose of maintaining this rule are that it protects the integrity of the judicial system from evidence obtained illegally or "dirty evidence, and it deters future illegal searches by police. These justifications have been provided by the United States Supreme Court. Therefore, the rule is essential for ensuring that police can't obtain evidence through illegal and unconstitutional means subsequently provided this evidence in court to attempt to deny a citizen their Due Process rights. When evidence is obtained in ...
Use specific examples from the fact pattern to support your findings.
You are a law student invited to give patrol officers information on the exclusionary rule to help them be more effective on the streets.
Address the following elements:
o Definition, purpose, application of the rule
o The rule's impact on criminal cases
o How the exceptions to the rule are applied
o Discuss the alternatives
o Provide a summarized layout of the arguments for and against this rule.