Exclusionary Rule excludes tainted evidence from some criminal proceedings, the rationale being protection of 4th, 5th and 6th Amendment rights by control of law enforcement behavior. However, there are a number of exceptions to the Rule for various reasons, as well as alternative remedies for law enforcement's unconstitutional actions. Nevertheless, the Supreme Court created the Exclusionary Rule for several well-founded reasons.
Analysis of the Rationale and Purpose of the Exclusionary Rule, Along ith any Exceptions

The Exclusionary Rule is a rule of evidence excluding evidence from criminal proceedings when that evidence is collected in violation of the defendant's Fourth Amendment Constitutional rights against "unreasonable searches and seizures" by law enforcement, Fifth Amendment Constitutional rights against self-incrimination, and/or Sixth Amendment Constitutional right to legal counsel (Cammack, 2013, p. 3) . Evidence obtained by law enforcement in violation of these Amendments is unconstitutional and cannot be used against the Defendant. In addition, other evidence…...

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Works Cited

Cammack, M.E. (2013). The United States: The rise and fall of the Constitutional Exclusionary Rule. In S.C. Thaman, Exclusionary Rules in Comparative Law (pp. 3-32). New York: Springer Science+Business Media Dordrecht.

Justia. (n.d.). Alternatives to the Exclusionary Rule. Retrieved April 23, 2013 from law.justia.com Web site:  http://law.justia.com/constitution/us/amendment-04/30-exclusionary-rule.html 

West's Encyclopedia of American Law. (2005). Exclusionary Rule. Retrieved April 23, 2013 from www.encyclopedia.com Web site:  http://www.encyclopedia.com/topic/Exclusionary_Rule.aspx#2

The U.S., however, is the only industrial democracy, common law or otherwise, in which courts must throw out tainted evidence in criminal trials. The U.S. Supreme Court decisions establishing and expanding on this principle have collectively come to be known as the "exclusionary rule." Although the rule had its origins in arguments about the morality of obtaining a conviction while relying on improperly obtained evidence, its primary modern justification is that it deters illegal conduct by the state. However, an unexamined premise of this belief is that if illegally acquired evidence may be thrown out, decreasing the probability of conviction, then the police, prosecuting attorneys and other law-enforcement officials have an increased incentive to obey the rules.... improper conduct is assumed to be socially costly. Illegal searches, fabricated confessions, and other violations subject to the exclusionary rule are assumed to be worthy of deterrence in their own right. (Osborne…...

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References

Amar, Akhil Reed. 1996. "The Future of Constitutional Criminal Procedure." American Criminal Law Review 33:1123-1140.

Bray, Zack. 2004. "Appellate Review and the Exclusionary Rule." Yale Law Journal 113:1143+.

Calabresi, Guido. 2003. "The Exclusionary Rule." Harvard Journal of Law & Public Policy 26:111+.

Chun, Brian H. 2000. "The Unclearly Established Rule against Unreasonable Searches and Seizures." Journal of Criminal Law and Criminology 90:799.

For example, one provision of the Patriot Act "permitted law enforcement to obtain access to tapping stored voicemails by obtaining a basic search warrant rather than a surveillance warrant," even though "obtaining the former requires a much lower evidentiary showing" and wiretapping more accurately seems to mirror surveillance technology, rather than single-incident searches of the premises for specific items (Fourth amendment, 2009, ex Law). Another provision of the Patriot Act allowed law enforcement to use sneak-and-peak warrants, which meant that they could "delay notifying the property owner about the warrant's issuance" although this was struck down as unconstitutional (Fourth amendment, 2009, ex Law).
The Patriot Act itself for many Americans highlighted the fragility of American's rights during times of national fear. It also showed the importance of the exclusionary rule, given how even well-intentioned zeal can result in innocent Americans having their privacy being violated by law-enforcement personnel. As surveillance…...

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Works Cited

Blackstone. (2009). Legal Dictionary. Retrieved May 5, 2009 at  http://legal-dictionary.thefreedictionary.com/Blackstone,+Sir+William 

Evaluation of the exclusionary rule. (2009). essortment. Retrieved May 5, 2009 at http://www.essortment.com/all/exclusionaryrul_rmlx.htm/

Fourth amendment. (2009). Wex Law. Cornell University. Retrieved May 5, 2009 at  http://topics.law.cornell.edu/wex/fourth_amendment 

Fruit of the poisonous tree. (2009). Law Encyclopedia. Retrieved May 5, 2009 at  http://law.jrank.org/pages/7042/Fruit-Poisonous-Tree.html

An exception to this is a search conducted by officer acting in objective "good faith" and wit the inclusion of a warrant obtained on the basis of probable cause.
A further provision holds that, if a jury has reasonable reason to believe that the evidence was obtained in violation of the Article, it should disregard the evidence obtained. The Texas Penal Code works in tandem with the exclusionary rule, in that it concerns the falsification of evidence; the false presentation of records or documents in an attempt to affect the outcome of the investigation is an offence, unless such a document is privileged or the work product of parties to the investigation.

It therefore appears that the Texas rule provides a broader basis of protection for its citizens, rather than the single dimension of police searches as provided by the U.S. Constitution. Indeed, the implication is that no person is allowed…...

Exclusionary rule exists to protect the rights of citizens to due process when accused or suspected of criminal activities. There are therefore certain constitutional specifications according to which incriminating information can be seized. Without adhering to these specifications, seized items cannot be allowed as evidence against an accused person in a criminal trial. There are, however, certain exceptions to the exclusionary rule, including fleeing suspects and the good faith exception.
In the case of a fleeing suspect for example, pursuit of a suspect may cause the person to enter a residence in order to avoid arrest, since the usual rule is that evidence acquired without a warrant cannot be submitted in a court of law. However, an officer in pursuit of such a suspect may enter the residence without a search warrant to prevent the suspect from destroying or discarding the evidence. One example of this is flushing drugs down a…...

The Court cited language from Boyd in support of its proposition. The Boyd Court had held that the Fourth and Fifth Amendments "apply to all invasions on the part of the government and its employees of the sanctity of a man's home and the privacies of life. It is not the breaking of his doors, and the rummaging of his drawers, that constitutes the essence of the offence; but it is the invasion of his indefeasible right of personal security, personal liberty and private property" (116 U.S. 616, 530). In other words, it is not the physical act of violating someone's home that forms the root of the violation of privacy; it is more the intangible fact that, having done so, the police have taken away the idea of security and privacy for that individual.
The Court also mentioned eeks. In eeks, the Court held that:

If letters and private documents…...

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Works Cited

Boyd v. United States, 116 U.S. 616 (1886).

Hill, Gerald and Kathleen Hill. "Exclusionary Rule." The People's Law Dictionary. 2011.

Web. 5 Dec. 2011.

Irvine v. California, 347 U.S. 643 (1961).

Exclusionary Rule
Criminal Justice

The Exclusionary Rule is a significant and difficult to consider and discuss. The Exclusionary Rule is a rule that holds law enforcement accountable to the legal system and the justice system. The Exclusionary Rule essentially mandates that all evidence to be permissible in a court of law must be obtained legally and through actions of relevant law enforcement agencies lawfully. This rule may seem like it is in favor of criminals or alleged criminals, but in a system, there need to be checks and balances. The American justice system is predicated on an attitude of "guilty until proven innocent" not, "when they seem fairly guilty they probably are." The Exclusionary Rule holds the police accountable for their actions. Frankly, there is evidence and a long history of corruption within law enforcement in the United States. This corruption sometimes has to do with evidence tampering; sometimes it is…...

Exclusionary Rule and a Possible Alternative
Under the exclusionary rule, as created by United States Supreme Court legal precedent, "illegally obtained evidence has been inadmissible in federal criminal courts since 1914." From the onset of its codification in legal and police protocol, proponents of this rule hoped that it would help eliminate police misconduct and protect individual rights. Of course, to this day, opponents of the exclusionary rule have stated that the only beneficiaries of the exclusionary rule have been guilty criminals, and an innocent American society has punished, as criminals merely from errors made by the police. Regardless of one's personal opinion, it is also important to note, in reviewing the history of the exclusionary rule that in the 1961 case of Mapp v. Ohio extended to the rule to all of the states. ("Landmark Cases of The Supreme Court," 2003)

In its ideal, theoretical formulation, the exclusionary rule should…...

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Works Cited

Cooke, Michael. (2002). "Evaluations of the Exclusionary Rule." Retrieved on May 27, 2004 http://sc.essortment.com/exclusionaryrul_rmlx.htm

Landmark Cases of The Supreme Court." (2003). Findlaw.com. Retrieved on May 27, 2004 at  http://www.landmarkcases.org/mapp/society.html

Exclusionary Rule be Abolished?
The exclusionary rule states that evidence that has been illegally obtained may not be used within the confines of a criminal trial to convict a party, even if that party was clearly guilty of the crime in question (Exclusionary, 2006). There have been many cases where this rule has been used, and because of that, too many guilty people have gone free. The most significant case, and the one that holds the strongest argument as to the idea that the exclusionary rule should be abolished, is Mapp v. Ohio (1961). The facts of this case are important to a clear understanding of why the exclusionary rule should be abolished, and those facts are as follows:

Cleveland police came to Mapp's home on 23 May, 1957, acting on information that someone was hiding there. This person was wanted for questioning and the police had information that not only…...

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Bibliography

Exclusionary Rule. (2006). American Heritage Dictionary. Retrieved at  http://education.yahoo.com/reference/dictionary/entry/exclusionary%20rule .

Mapp v. Ohio. 367 U.S. 643; 81 S. Ct. 1684; 6 L.Ed.2d 1081 (1961). Findlaw.  http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=U.S.&vol=367&invol=643 .

The foundation of these limits is the need to protect the privacy of the individual and control police behaviors.
Conclusion:

In the three cases, the application of the provisions of the Fourth Amendment could have been helpful in ensuring that the officers conducted their searches more efficiently. In Weeks vs. U.S. And Mapp vs. Ohio, they could have avoided using forceful and illegal means to obtain evidence. Similar to these two cases, they could have conducted more efficient search and seizure in ochin vs. California by respecting the person's privacy and avoiding use of force.

eferences:

Dempsey, J.S. & Forst, L.S. (2011). Police and the law. In Police (1st ed., pp. 179-193). Delmar,

Ohio: Cengage Learning.

"Evaluation of the Exclusionary ule." (n.d.). Essortment -- Your Source for Knowledge.

etrieved June 5, 2012, from http://www.essortment.com/evaluation-exclusionary-rule-50665.html

"The Exclusionary ule." (n.d.). Cliff's Notes. etrieved June 5, 2012, from http://www.cliffsnotes.com/study_guide/the-Exclusionary-ule.topicArticleId-10065,articleId-9964.html

"Understanding Search and Seizure Law." (n.d.). Nolo Law for All. etrieved June…...

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References:

Dempsey, J.S. & Forst, L.S. (2011). Police and the law. In Police (1st ed., pp. 179-193). Delmar,

Ohio: Cengage Learning.

"Evaluation of the Exclusionary Rule." (n.d.). Essortment -- Your Source for Knowledge.

Retrieved June 5, 2012, from http://www.essortment.com/evaluation-exclusionary-rule-50665.html

Exclusionary Rule
The Future of the Exclusionary Rule

The first 10 amendments to the U.S. Constitution, otherwise known as the Bill of Rights, were designed to protect citizens against abusive state power. These protections include preventing the government from entering and seizing property without just cause or stripping citizens of their rights without due process (Oaks 665). These protections are encoded within the Fourth, Fifth, Sixth, and Fourteenth Amendments to the U.S. Constitution.

Enforcing these rights, paradoxically, is also the responsibility of the government. Fortunately, the Constitutional framers created three independent branches of the government, thereby providing a mechanism through which one branch could limit the power and reach of the other two branches. hen it comes to the protections encoded in the Bill of Rights, the judicial branch has taken the leading role in checking the powers of the legislative and executive branches of the federal government, as well as state governments.

This…...

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Works Cited

Adams v. New York. 1904. 192 U.S. 585. Print.

Bauer, Charles P. "Supreme Court Case Establishes Official Immunity for Police Officers and Police Departments in New Hampshire." GCGLaw.com. Sep. 2008. Web. 30 Nov. 2012.

Bilz, Kenworthy. "Dirty Hands or Deterrence? An Experimental Examination of the Exclusionary Rule." Journal of Empirical Legal Studies 9.1 (2012): 149-171. Print.

Boyd v. United States. 1886. 116 U.S. 616. Print.

United States, 116 U.S. 616 (1886). In Boyd, a defendant had been compelled to produce his business papers. The Court determined that the compulsory production of those papers amounted to requiring the defendant to provide testimony against himself. The holding in Boyd was limited to the facts in that case. In Bram v. United States, 168 U.S. 532 (1897), the Court held that involuntary confessions were inadmissible. These two early cases stressed the importance of the Fifth Amendment's prohibition against compelled testimony.
However, it took a significantly longer period of time for the United States to develop a more comprehensive version of the Exclusionary ule, and many states had developed their own heightened versions of the Exclusionary ule prior to that time. Finally, in 1914, the Court developed a comprehensive and strong version of the Exclusionary ule. In Weeks v. United States, 232 U.S. 383 (1914), the Court held that…...

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References

Bram v. United States, 168 U.S. 532 (1897).

Boyd v. United States, 116 U.S. 616 (1886).

Mapp v. Ohio, 367 U.S. 643 (1961).

Silverthorne Lumber Co. v. United States, 251 U.S. 385 (1920).

The nature of the crime the defendant is accused of will also determine the amount of bail. A relatively minor offense will garner a lower sum of money than a serious crime like murder.
Q4. State and explain the two (2) types of immunity that might be offered to an individual when that individual is compelled to testify before a Grand Jury.

Two types of immunity that exist are use and transactional immunity. Immunity is conferred to protect the witness from being indicted and thus protected from testifying based upon the witnesses' Fifth Amendment right to not incriminate him or herself. "The states grant either form of this immunity, while the federal government grants only use immunity. A witness with use immunity may still be prosecuted, but only based on evidence not gathered from the protected testimony" (Use immunity, 2011, Legal Dictionary). Use immunity prohibits the witness's testimony from being used…...

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References

Change of venue. (2011). Civil Resource Manual. Retrieved September 28, 2011 at http://www.justice.gov/usao/eousa/foia_reading_room/usam/title4/civ00042.htm

Exclusionary rule. (2011). Cornell University. Retrieved September 28, 2011 at  http://www.law.cornell.edu/wex/exclusionary_rule 

How can I find out what the bail amounts are for the county of San Bernardino? (2011). San

Bernardino Bail Bond Amounts. Retrieved September 28, 2011 at  http://bailbondinformationcenter.com/San-Bernardino.php

Exclusionary ule 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 ule," n.d.). The exclusionary rule does sometimes constrain police behavior in criminal cases, potentially preventing the acquisition of evidence in "good faith," in the presence of "exigent circumstances," or even when probable cause can be retroactively determined ("Alternatives to the Exclusionary ule," n.d.). Therefore, the Exclusionary ule should not be banned; quite the contrary, it prevents abuses of power or misconduct by law enforcement. The Exclusionary ule also ensures that criminal trials are conducted in accordance with Constitutional values and laws.
Prior…...

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References

"Alternatives to the Exclusionary Rule," (n.d.). Retrieved online:  http://law.justia.com/constitution/us/amendment-04/30-exclusionary-rule.html 

"The Fourth Amendment and the 'Exclusionary Rule.'" (n.d.). Retrieved online:  http://criminal.findlaw.com/criminal-rights/the-fourth-amendment-and-the-exclusionary-rule.html

TX Innocence Project
The problem with scientific evidence

There is an upsurge in the scientific means of conducting investigations into issues, and the use of the latest technologies that are geared towards making things easier when it comes to unraveling the mysteries surrounding the evidence required in courts of law for prosecution. This is a trend that is global and has deeply taken root in the U.S.A.

However, from the look of various cases as those found in The Texas Tribune (2012) it is apparent that there are various errors that can accompany the scientific evidence hence they cannot be relied upon on an absolute accuracy or implementation basis.

There are various problems that are associated with the scientific evidence as presented by obert D. Meyers et.al (1999) numerated as below:

The problem of cost: this is one of the first and foremost prohibitive facts about the scientific evidence. It has been proven that it…...

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References

The Texas Tribune, (2012). Innocence Project of Texas. Retrieved March 20, 2012 from  http://www.texastribune.org/texas-dept-criminal-justice/innocence-project-of-texas/ 

Robert D. Meyers et.al., (1999). Complex Scientific Evidence and the Jury. Retrieved March 20, 2012 from  http://www.ornl.gov/sci/techresources/Human_Genome/publicat/judicature/article10.html

Recent Supreme Court Decisions and Their Impact on the Criminal Justice System

The Supreme Court of the United States (SCOTUS) plays a pivotal role in shaping the criminal justice system through its decisions on constitutional rights, prosecutorial practices, and sentencing guidelines. Recent years have witnessed several significant SCOTUS rulings that have had a profound impact on the system, shaping the way criminal cases are investigated, tried, and adjudicated.

Miranda Rights and Police Interrogations

Miranda v. Arizona (1966): Established the "Miranda rule," requiring law enforcement officers to inform suspects of their rights to remain silent, have an attorney present, and stop being questioned....