Exclusionary Rule Essay

852 Words4 Pages
Exclusionary Rule Evaluation Danette Grossman CJA/364 August 6, 2012 David Harper Exclusionary Rule Evaluation In this evaluation we will be discussing the exclusionary rule in every aspect there is to look at this rule. We will be analyzing the rationale and the purpose, identifying and telling the exceptions, and examine the cost and benefit and last but least the remedies. Here we are going to start with the rationale and the purpose of the exclusionary rule, and that is that is really about the law enforcement being good. The biggest things are they want to solve cases and get convictions, so there is something there for them to ignore like the rules that they are given about the evidence. By making this exclusionary rule, the court has to take the incentive away so police cannot take a person’s constitutional right’s away. Law enforcement cannot just bust down a person door just because police cannot even search a person car without a search warrant. There is a purpose to this rule and that is to make law enforcement enforce their own rules. The main purpose is to deter police or discourage police from doing illegal searched. The purpose also is if law enforcement was to take the evidence it would not be used in the court of law unless issue or that person can be set free of all charges. Basically one wrong moved can make us lose a suspect of a horrible crime if we are not careful. Law enforcement just need to be cautious so they are doing their jobs correct, and setting a person free will get them into trouble (cjlf.org, 2011). When we are identifying the exclusionary rule it is a great rule to have so police have to stop and think. Police have to think before they search because it could cost them a lot if they just do what they want. This rule is not actually part of the Fourth Amendment because it is one rule that helps suspect and
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