Exclusionary Rule Essay

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Patrice Foster Professor Hayaud-Din Government 2301-2406 Summer I 2012 Extra Credit Abolishing The Exclusionary Rule Word Count: Patrice Foster The Exclusionary Rule The Exclusionary Rule is a senseless rule. We should get rid of it and the police and prosecutors should be able to use the evidence even if it’s obtained in violation of the rule, because we could potentially let criminals go to satisfy this rule. This rule is so full of controversy, that it is hard to support. How can we as citizens embrace this rule? A rule that does so little to protect the law as it was made. The exclusionary rule allows criminals to go because evidence was illegally obtained, but what about the victims of the crimes. It is almost a turntable and they have become a victim for a second time. I am going to discuss the three main reasons why we as citizens should get rid of the rule. One is the releasing the guilty back into society, next is the slowing down of the criminal process and the last thing is the behavior and consequence of the police officers involved in the cases. The exclusionary rule is a remedy that was actually created by the judiciary and is not part of the Constitution, so therefore it can be changed. It needs to be abolished and reexamined by Congress. This rule is crazy. It protects the guilty rather than the victims. This rule basically states that evidence obtained illegally cannot be used in a criminal trial. The basis of this rule is supposed to prevent the police and other sections of the government from illegally searching or violating our homes and our privacy. When all it really does is prevents the truth from surfacing and help criminals go free. After researching both sides of this issue, in no way am I stating that I don’t understand the determination of the opposing side to keep this rule. But what I don’t agree with is the cost to
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