Explore BrainMass

Explore BrainMass

    The Exclusionary Rule: A presentation creation guide

    This content was COPIED from BrainMass.com - View the original, and get the already-completed solution here!

    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.

    © BrainMass Inc. brainmass.com April 3, 2020, 6:02 pm ad1c9bdddf

    Solution Preview

    Slide 1: Defining Exclusionary Rule

    Title: Exclusionary Rule in Context in the US Justice System


    Exclusionary Rule is defined as -

    "The rule that evidence secured by illegal means and in bad faith cannot be introduced in a criminal trial. The technical term is that it is "excluded" upon a motion to suppress made by the lawyer for the accused. It is based on the constitutional requirement that "...no [person] can be deprived of life, liberty, or property, without due process of law" (Fifth Amendment to the Constitution, applied to the states by 14th Amendment). A technical error in a search warrant made in good faith will not cause exclusion of the evidence obtained under that warrant. In 1995 the U. S. Supreme Court ruled that evidence obtained with a warrant that had been cancelled could be admitted if the law enforcement officer believed it was still in force. However, evidence which was uncovered as a result of obtaining other evidence illegally will be excluded, under the "fruit of the poisonous tree doctrine." Thus, if an illegal wire tap reveals the location of other evidence, both the transcript of the wire tap conversation and the evidence to which the listeners were directed will be excluded. "
    (From Legal Explanations, 2008)
    Image Suggestions - images of court on trial, copy of the constitution, etc.

    Slide 2: Application

    Title: Discussing Prophylactic Applications

    A prophylactic rule is a judicial created rule that protects (overprotects at some point), constitutionally instituted rights to safeguard it or install detection of its violation. The Miranda vs. Arizona case gave birth to the Prophylactic Miranda Rights policy. The Exclusionary Rule on the other hand was set to protect the rights guaranteed by the 4th amendment. It is undeniably true that in certain cases the Exclusionary Rule becomes a harbour accused individuals 'hide in', yet the judicial system sees the Exclusionary Rule to be of immense importance. On, trial lawyers and their witnesses can argue and present evidence using the Exclusionary Cause to defend or prosecute which to the justice system allows for the system of justice to grind. Sadly, via exclusionary rule, the guilty party at times can cause for a case to be announced as a mistrial. This however does not mean it is the end of the line. Still, many see it as a waste of resources and a failure in meting out justice. Law Enforcement procedures however is highly influenced by the Exclusionary Rule as much as the Miranda Rights do. Due Process and legal procedures are now imbedded in the practice of policing despite the challenges ...

    Solution Summary

    The solution is a text-guide in creating a 9-slide powerpoint presentation on The Exclusionary Rule for the police. It is a simulated answer to a situation - the writer is a law student tasked to introduce what 'exclusionary rule' means to members of the law enforcement through a powerpoint presentation. The text guide is is divided and written to define and set the purpose of the rule, its impact on criminal cases, the exceptions that can be applied, the alrenatives to the exclusionary rule and a summarized list of pros & cons with regards to said rule. Written in APA format, its a comprehensive guide for students seeking to understand the ideas & arguments behind the exclusionary rule. A word version is attached for easy printing.