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Question Description

For this research essay please answer the following questions.

1) Define and explain the exclusionary rule; what is it, and why is it important to evidence law? 2) Provide a brief history of the exclusionary rule, including the case that applied the exclusionary rule to the states. 3) What are the exceptions to the exclusionary rule? 4) Do these exceptions make sense, and why or why not? 5) The exclusionary rule is controversial because criminal evidence is sometimes excluded (suppressed) from trials, which may lead to a defendant walking free. What are your thoughts on this potential outcome? 6) What are the alternatives to the exclusionary rule, and how effective would they be?

This assignment is intended to allow you to show your competence and understanding of the course materials as we progress through the semester. These responses are to be 3-4 pages in length, with a thorough but succinct answer to the posed research questions.

Tutor Answer

School: UC Berkeley

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The Exclusively Rule



The Exclusionary Rule

The exclusionary rule is a legal framework applied by the constitutional stipulations. The
law helps to prevent evidence analyzed or collected in violation of the constitutional rights of the
defendant from being used by the prosecution during a trial. The exclusionary rule is considered
as a prophylactic legal framework devised by the judiciary to safeguards an individual
constitutional right. In particular, although rare, circumstances, the rule can adopt the
constitutional language, including the 5th Amendment's stipulation that no individual ‘can be
compelled to incriminate himself in any legal case,' and that no person ‘can be deprived of
liberty, property or life without adherence to the process of law.
The exclusionary rule is firmly grounded and founded on the stipulations of the 4th
Amendment. It primarily aims to protect people from illegal seizures and searches. It is also
designed to provide a disincentive and remedy, under the circumstances when police and
prosecuting officers gather criminal evidence, hence violating the 5th Amendment as enshrined in
the Bills of Rights. Without the rule, a person may end up incriminating himself. The rule also
aims to protect violation of the 6th Amendment guaranteeing the right to legal representation
(Johnson, 2016).
Many states embody their own exclusionary rules that provide the remedy for unlawfully
and illegally obtained criminal ev...

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