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Arguing The Exclusionary Rule

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Choose an argument for or against the exclusionary rule.

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Solution Summary

The solution, though concise, discusses the arguments behind the exclusionary rule,that constitutional guarantee of any defendant's rights, providing perspective on both sides of the issue -its necessity & the reasons behind the idea that the exclusionary rule prevents justice from being put in place. Written in APA format, the reference section can be used to expand the ideas presented. A word version is attached for easy printing.

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Exclusionary Rule

A constitutional guarantee of a defendant's rights; it holds that any evidence gathered, collected or analysed that is in violation if a defendant's constitutional rights cannot be made admissible for a trial or prosecution in a court of law. This measure is a guarantee, as the criminal justice system puts it, to protect the due process expected in a criminal investigation and deter illegal searches and seizures from law enforcement pursuing an investigation as well as self-incrimination. It is in protection of the 5th and & the 4th Bill of rights as well as the 6th amendment which guarantees the right to counsel & legal representation.

A prophylactic rule no doubt but it keeps a check & balance of the legalities between law enforcement & constitutionally endowed privileges & ...

Solution provided by:
Xenia Rochelle Jones, MA, PhD (IP)
Education
  • MPhil/PhD (IP), Open University, Milton Keynes, UK
  • MA, Open University, Milton Keynes, UK
  • Certificate, Geva Ulpan (via Universita Tel Aviv)
  • BA, University of the Philippines
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