Case Study: The Exclusionary Rule

The Exclusionary Rule The Exclusionary Rule by the imperious administration of the conjugated States According to Dempsey and Frost, (2011), although it is non part of the United States (U.S.) makeup, the exclusionary endure is an interpretation of the fourteenth Amendment by the U.S. Supreme butterfly. Simply differentiated, the utilization of the exclusionary district is think to limit or prevent natural law legions misconduct, outlawed searches, and illegal transports. It allows for recite that is seized in violation of the U.S. toughness to be suppressed and cannot be used in break away against a defendant. The exclusionary rule is the understanding, based on U.S. Supreme slosh precedent, that incriminating information must be seized according to innate specifications of due process or it will not be allowed as testify in a criminal trial, (Schmalleger, 2011, p. 221). Since 1914, through a series of Supre me Court cases, the exclusionary rule evolved in U.S. law. Initially, the Supreme Court was concerned with how the police use illegal means to seize evidence in search and seizure cases, in which was in violation of the Constitution and use that evidence to get a conviction in court.

By 1961, the Supreme Court applied the exclusionary rule to state courts and law enforcement agencies, as well as federal official ones, because states had not revise their procedures to conform to the Constitution, (p. 182). Use of the Exclusionary Rule Four landmark cases are compared and contrasted in this case study to disposi tion how the exclusionary rule has develope! d and is used in the United States, on with the effects that the public opinion decision by the Supreme Court has had on evidence obtained from police search and seizure. The first landmark case in developing the exclusionary rule was the case of Weeks v. United States (1914), in which convoluted only federal law... If you want to get a just essay, order it on our website: OrderCustomPaper.com

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