Exclusionary Rule A Casual Observer Essay

According to Dripps (2001), "Few debates in American law are as sustained, or as bitter, as the debate over the exclusionary rule. Critics have attacked the exclusion of unconstitutionally obtained evidence for compromising the pursuit of truth in adjudication, for exceeding the constitutional authority of the judiciary, and for fostering police perjury and judicial hypocrisy" (p. 1). Proponents of the exclusionary rule maintain that there exists a fundamental need for some type of protections against constitutional violations, and argue that the exclusionary rules provide a superior alternative to reliance on damage actions that result from such violations (Dripps, 2001). Because there are some exceptions, such as the good faith exception, to the exclusionary rule, there appears to be enough latitude in this law to make its continued enforcement relevant and appropriate. Absent the protections afforded by the exclusionary rule, it is conceivable that law enforcement authorities...

...

As Jackson (1996) emphasizes, "The exclusionary rule is a judicially created remedy designed to deter future Fourth Amendment violations by police officers" (p. 1201). This is not to say, of course, that all police officers will seek to use unconstitutional tactics to their advantage, but it is to say that the Constitution and by extension, the exclusionary rule, are intended to afford ordinary citizens against such tactics in case they are used.

Sources Used in Documents:

References

Black's law dictionary. (1991). St. Paul, MN: West Publishing Co.

Dripps, D. (2001). The case for the contingent exclusionary rule. American Criminal Law

Review, 38(1), 1-3.

Jackson, H.A. (1996). Expanding exclusionary rule exceptions and contracting Fourth


Cite this Document:

"Exclusionary Rule A Casual Observer" (2009, August 14) Retrieved April 27, 2024, from
https://www.paperdue.com/essay/exclusionary-rule-a-casual-observer-19946

"Exclusionary Rule A Casual Observer" 14 August 2009. Web.27 April. 2024. <
https://www.paperdue.com/essay/exclusionary-rule-a-casual-observer-19946>

"Exclusionary Rule A Casual Observer", 14 August 2009, Accessed.27 April. 2024,
https://www.paperdue.com/essay/exclusionary-rule-a-casual-observer-19946

Related Documents

Dining Analysis When deciding to visit a casual dining restaurant, the first choice one makes is whether to choose a restaurant from a chain or to choose an independent restaurant. This decision is an important one. Chain restaurants tend to offer consistent dining experiences, so that a person can anticipate the level of quality and service he or she will receive at the restaurant. However, as restaurant chains grow, they

Throughout that time, full-time corresponding enrollment, consisting of students who took twelve credit hours per semester, saw a fourteen percent increase, as compared with a nine percent increase in total enrollment at other institutions. In the summers of these years, full-time enrollment (FTE) grew by fifteen percent, while total enrollment saw a ten percent increase. Researchers have concluded that extended Pell grants appear to be enabling students to attend

The newer restaurants are also more open, with more tie-ins to nature and the Everglades lodge theme. The menu proclaims it is "where the locals go." Waiters and waitress, called Everglades Guides, wear shorts and bright shirts. One of the new dining areas is a patio for up to 50 guests with less clutter and kitsch than before, but that still includes stuffed alligators and the rocking chairs and

Five Guys Burgers is a casual restaurant chain that focuses on a limited, but tasty menu of hamburgers, hot dogs and French fries. The chain was founded in 1986 with company headquarters in Virginia. The company has several kudos, GC Magazine said, "The Best $5 Burger a Man Can Eat," and the Washington Post called the company "The Willie Wonkas of Burgercraft." Five Guys' operates in 48 States (no Alaska

tone of the memo is too casual. Instead of setting up the memo with empty, 'filler' comments such as the fact that the poster found the topic fascinating, she should 'get right to the point' about what she believes she learned about workplace violence. She also restates information that the reader already knows, such as the fact that she was the 'rep' for the company at the event. The memo

California Pizza Kitchen (CPK) is a casual dining food service chain that specializes in California style pizza (as opposed to deep dish New York Style). CPK opened in 1985. As of March, 2011 they are global in scope, having recently moved into India with 265 restaurants in 32 states and 10 foreign countries, in malls and airports, as well as frozen products available in most grocery stores. 2010 revenues were