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Exclusionary Rule (Example)

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Exclusionary Rule Name University name The exclusionary rule stated that any evidence gathered by the law enforcement forces by the breach of law may not be considered as evidence in the court. Since the inception of the exclusionary rule it has been a controversial law. Exclusionary law’s supporters declared it as the only way to protect the citizen’s right and privacy and keep safe them from unreasonable search and seizure. On the other hand opponent of this law stated that this rule hinders the police officers and let criminals go free. The exclusionary rule is remedy created by the court and is not an independent constitutional right. The function of this rule is to stop the law enforcement officers from unlawful search and seizure and protect the rights of the defendant (Cornell 2016). Courts have also determined some exceptions to the exclusionary rule like a good faith of the fourth amendment of the constitution. The practice of contempt of court creates the balance in the society and also the dominance of the constitution of the United States. References Cornell . (2016). Exclusionary Rule. LII / Legal Information Institute. Retrieved 24 July 2016 from www.law.cornell.edu Kinasz T. (1981). Contempt of Court as an Alternative to the Exclusionary Rule. The Journal Of Criminal Law And Criminology (1973-)  72(3) 993. dx.doi.org Rychlak R. (2009). Repl acin g the E xclu sion ary Rule: F our th Ame ndme nt V iol ations a s D irec t C rimin al Con tempt. Chic Ago-Ke Nt L Aw R Evie W  85(1) 15. Retrieved from scholarship.kentlaw.iit.edu Supra . (2016). DAVIS V. UNITED STATES: EXPANDING THE GOOD FAITH EXCEPTION TO THE EXCLUSIONARY RULE TO OBJECTIVE RELIANCE ON BINDING APPELLATE PRECEDENT PRESENTS TOO MANY THREATS TO CONSTITUTIONAL PROTECTIONS.Mississippi Law Journal  81. Retrieved from http://mississippilawjournal.org/wp-content/uploads/2014/11/Collins_81MissLJSupra163.pdf [...]

Order Description:

Write an essay describing your thoughts on the Exclusionary Rule. For instance, is excluding evidence from trial necessary? Can you think of any other viable alternatives as a way to deter police misconduct? Be specific. Make sure to write a well-reasoned analysis supporting your opinion, including support from the text and/or other sources. Please use at least 3 references to back up your thesis.

Subject Area: Law

Document Type: Reports

This project has already been completed by one of the Studybay experts. The client rated this project:

Project's rating is 5/5

Price $25

Words 825

Pages 3

Completed in 1 day

Expert Adil K

Client Review

Awesome work!

Positive
07.25.2016

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