Illegal searches, fabricated confessions, and other violations subject to the exclusionary rule are assumed to be worthy of deterrence in their own right. (Osborne 1999:381) Osborne then goes on to argue that even though the exclusionary rule is unique, constitutionally founded and in many ways effective it is not effective enough to resolve the issues in a complicated criminal court system that is purportedly tough on crime
(69) They represent not the constitutional mediation of the public's retributive passion but rather devices that impede the search for truth and criminal convictions. (Sheft 1995:67) The recent development of political entities and vocal action groups who advocate for victims rights, as likely the most ardent opponents of the exclusionary rules have also changed the level of the argument, in a sense giving it a human face, being that of the individual victims who have been forsaken by a system where procedural technicalities freed the accused who likely made them a victim of crime
Judge Mikva notwithstanding, I still count myself a liberal and I think liberals should really care about protecting innocent people from erroneous conviction, but the current rules that we have often make their plight worse in order to help guilty people escape conviction. (Totenberg 1996) Law Enforcement Effects: The manner in which law enforcement is effected by the exclusionary rule is foundational
Exclusionary Rule has become a well-established part of modern criminal law, so much so that many people fail to understand the relatively recent origin of the law and how it has been expanded beyond its initial parameters. The Exclusionary Rule is "the rule that evidence secured by illegal means and in bad faith cannot be introduced in a criminal trial" (Hill and Hill)
Even if the police officer discovered seven stolen TV sets in Smith's living room, the case would almost certainly be thrown out of court…Smith's attorney could have the trial judge bar the admission of the stolen goods as evidence since it was obtained through an illegal search. And without that illegally obtained evidence, the district attorney would probably be unable to successfully prosecute a case of theft" (Lynch 1998, p
"When agents of the executive branch (the police) disregard the terms of search warrants, or attempt to bypass the warrant-issuing process altogether, the judicial branch can and should respond by 'checking' such misbehavior. The most opportune time to check such unconstitutional behavior is when prosecutors attempt to introduce illegally-seized evidence in court" (Lynch 1998)
Define "reasonable suspicion" and give an example of same. Reasonable suspicion, as defined by the law is a standard, "more than a hunch but considerably below preponderance of the evidence, which justifies an officer's investigative stop of an individual upon the articulable and particularized belief that criminal activity is afoot" (Probable cause, reasonable suspicion, and reasonableness 2006, Senate Select Committee on Intelligence)
Contingency Exclusionary Rule LAW AND JUSTICE Contingent Exclusionary Rule Dripps' Model in the Real World The Fourth Amendment of the American Constitution protects the individual from illegal searches and seizures by law enforcers (Dripps, 2001)
¶ … Exclusionary Rule prevents the admission of evidence that was gathered in an unconstitutional way as specified by the Fourth Amendment of the Constitution, which covers the parameters of searches and seizures. In fact, officers of the law who conducted unlawful searches or seizures of property could be subject to prosecution under state or statutory law, and in some rare cases, may face criminal charges ("Alternatives to the Exclusionary Rule," n