Exclusionary Rule

Running head : Exclusionary RuleExclusionary RuleClient s NameUniversity AffiliationExclusionary Rule The is born directly from the after part Amendment . Its essence is the prohibition in the use of an object lawlessly obtained much(prenominal) as that obtained with out(p) a search warrant , as certify in court (ThinkQuest . Since the Bill of Rights , which includes the Fourth Amendment , cannot be obligate on its own , looms much(prenominal)(prenominal) as the dish out in ensuring that the basic guarantees of the United States Constitution are chance upon (Lynch , 1998 . Therefore , it is not advisable for the to be abolishedThe is an essential spiritualistic by which citizens are protected from the possibility for abuse of concern in the exercise of power by the authorities , such as the police . It ensures tha t 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 illegitimately obtained evidence , would make the authorities think twice in advance obtaining them (ThinkQuestThe has recognized exceptions . Objects seized when they are in plain batch or during a lawful arrest may salvage be used as evidence in court . The rule only excludes objects obtained in violation of the rights of a individual , which oft occurs when police officers or other law enforcers outfox glowing to solve crimes without respecting the cultivated liberties accorded to citizens (ThinkQuest . thereof , it cannot be argued that the help in the escape of possible illegals 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 wasting disease 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 take by a co-equal branch of government , which is the judiciary , done the requirement that objects be seized upon showing of probable cause . therefore the serves another noble purpose , which is the maintenance of balance in the powers of the branches of governmentReferencesLynch , T (1998 , October 1 . In Defense of the Exclusionary Rule . CATO launch . 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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