The exclusionary rule is a judge-made rule used in the United States which states that the evidence that was seized legally by the police cannot be used during criminal trials. It is used to protect the constitutional rights of the defendant. It is also stated that it is grounded on the Fourth Amendment which protects citizens from unreasonable seizures and searches and thus guarantees the privacy of the citizen.
The first justification for the exclusionary rule is that it is necessary to uphold the Fourth Amendment. The justification was strongly presented by the Supreme Court in the case of Weeks V. US in 1914 where it was stated that the Federal Government did not have a right to enter and search the residence of the citizen without a warrant. The rationale was that citizens have the constitutional right to be free of searches and seizures that are illegal. The rule was the best way to enforce this particular constitutional right.
Delegate your assignment to our experts and they will do the rest.
The second justification states that the rule is used to deter police misconduct. The rationale used here is that the police officers will not conduct searches and seizures that are illegal if they cannot benefit in any way from there action. If the police cannot get convictions from their illegal acts then they will not commit those acts.
The third rationale for the exclusionary rule is that it is used to uphold the integrity of the court. It goes ahead to state that if a police is found to have illegally obtained evidence then the violation would be extended to the court. If the courts would allow the use of evidence that is illegally obtained then they would be condoning the police officers illegal acts.
The justification that the US Supreme Court uses today with regards to the rule is that it is used to deter police officers from violation the fourth Amendment.
References
Kinports, K. (2012). Culpability, Deterrence, and the Exclusionary Rule. Wm. & Mary Bill Rts. J. , 21 , 821.
Teacher, Law. (November 2013). An analysis of the Exclusionary rule in the US. Retrieved from https://www.lawteacher.net/free-law-essays/international-law/an-analysis-of-the-exclusionary-rule-in-the-us-international-law-essay.php?vref=1
