Exclusionary Rule

Running head : Exclusionary RuleExclusionary RuleClient s NameUniversity AffiliationExclusionary Rule The is born directly from the one-fourth Amendment . Its essence is the prohibition in the use of an object aside of wedlock obtained much(prenominal) as that obtained without a search warrant , as establish in cost (ThinkQuest . Since the Bill of Rights , which includes the Fourth Amendment , cannot be implement on its own , looms much(prenominal) as the dish out in ensuring that the basic guarantees of the United States Constitution are come up (Lynch , 1998 . Therefore , it is not advisable for the to be abolishedThe is an essential sensitive by which citizens are protected from the possibility for abuse of discretion in the exercise of power by the authorities , much(prenominal) as the police . It ensures that law enforcers would not resort to culpable ways of obtaining evidence because they would have no use for such objects due to the Fear of the repercussion , which is the non-admissibility in court of the illegally obtained evidence , would make the authorities think twice in advance obtaining them (ThinkQuestThe has recognized exceptions . Objects seized when they are in plain count on or during a lawful arrest may smooth be used as evidence in court . The rule only excludes objects obtained in violation of the rights of a soulfulness , which oft occurs when police officers or other law enforcers hold back glowing to solve crimes without respecting the well-mannered liberties accorded to citizens (ThinkQuest . thereof , it cannot be argued that the acquired immune deficiency syndrome in the escape of possible sads by dint of the inadmissibility of possibly criminatory evidence .

The state s interest in maintaining the integrity of the criminal and rightness system and in protecting the basic civil liberties of citizens is more(prenominal) important than attaining the conviction of several people at the using up of such basic rightsAnother important argument against the abolition of the rests on the fundamental principle of separation of powers and the system of checks and balances . Agents belonging to the decision maker branch such as the police and prosecutors , have their actions view by a co-equal branch of government , which is the judiciary , by means of the requirement that objects be seized upon showing of probable cause . then the serves another noble purpose , which is the maintenance of balance in the powers of the branches of governmentReferencesLynch , T (1998 , Octobe r 1 . In Defense of the Exclusionary Rule . CATO demo . Retrieved July 28 , 2008 , from hypertext transfer protocol /www .cato .org /pubs /pas /pa-319es .htmlThinkQuest . Exclusionary Rule . Retrieved July 28 , 2008 , from http /library .thinkquest .org /2760 /exclude .htmPAGEPAGE 1 Exclusionary...If you want to get a full essay, order it on our website: OrderEssay.net

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