Exceptions To The Exclusionary Rule | Essay Champs 24/7

As Ernest van den Haag has pointed out, and I'm paraphrasing, the exclusionary rule offers no advantage to innocent defendants. It merely serves to exclude evidence of guilt. The innocent man arrested without probable cause derives no benefit from this rule. When the rule of the "fruit of the poisoned tree" came into vogue in the '60s, it quickly became a career criminal's best friend...is there an advocate out there for the dead victims of those violent criminals freed only because of exclusionary rule technicalities? Would not sanctioning police for illegal searches be a better way to offer the correct incentive for proper investigative conduct?

Exclusionary Rule - COLLEGE ESSAY SELLER

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5 Major Pros and Cons of the Exclusionary Rule | …

I agree with you in the "after" sense. The exclusionary rule provides no benefit to an innocent person after he is arrested or searched and every benefit to the guilty. I admit this is troublesome. However, the key word is "after."

5 Major Pros and Cons of the Exclusionary Rule

While the subject of this rather long posting will not necessarily impact exclusionary rule cases, it perhaps does touch upon a broader and more ominous development in the law which results more from a lack of understanding and education of legal professionals than from any one misguided decision in the developing body of the law of digital information and evidence.

Two hundred fifty years of slavery

You are incorrect in your view of the exclusionary rule , but don't worry this is common.
The rule would not allow the cops to use any evidence obtained through illegal means, but it does not prevent the finding of other legally obtained evidence, and prosecution from the it.

Sixty years of separate but equal

litigation breeds more litigation breeds more litigation. i know this because i helped breed it for fifteen years, as sire, dam and midwife. if you've got the dime, i'll make the time. the exclusionary rule is what stops my erstwhile colleagues from breeding new litigation until the parties 1) run out of money to pay them, 2) get distracted by an AMAZING NEW DEVELOPMENT (tm), or 3) die.

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the way we conserve finite judicial/public resources and preclude a potentially infinite concatenation of factual adjudications is known as the exclusionary rule. i support it.

19/05/2012 · Behavior Management Essay

This comment regards technical legal rules, that like the exclusionary rule, can have important real world effects. While I agree with the points Bruce makes, there is another part of the picture that can and should be considered.

Detail the concept for admissibility ..

If U.S. police professional conduct standards were strong enough to match the interest in privacy -- "Constitutional-strength" -- then, first, you'd know it, because someone would be out there complaining about the overbearing restrictions on policework, and second, it would be justifiable to ease the exclusionary rule -- to weigh the importance of the crime and of the evidence against the deterrent value of excluding it. Four concrete things you'd need, speculatively: one, a system of review, so that a local police department can't go rogue; two, strong rules and independent internal investigators; three, what's been called a "civil service tradition," in which enough of the employees follow the rule of law most of the time, even if politics or personal or popular prejudices produce lots of pressure; and four, final accountability to the right people (heck, maybe find some folks who were mistakenly convicted and have them help govern the police), so that the bureaucracy doesn't, over time, veer towards becoming a machine to get as many convictions as possible, to heck with the other consequences.

The Case for Reparations by Ta-Nehisi Coates - The …

I don't think the exclusionary rule is the *only* way to deter police from doing bad stuff and keep the right to privacy. If the police have final accountability to the right people, and discipline officers well, that can be as secure as a legal rule enforced by judges; remember judges aren't perfect either. But in the U.S., we don't have that accountability and tight regulation; we just have the exclusionary rule, and we should keep it.