Here you go. In case of any further inputs, please let me know.All the best!I appreciate working with you!
Running head: THE EXCLUSIONARY RULE
The Exclusively Rule
THE EXCLUSIONARY 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
Many states embody their own exclusionary rules that provide the remedy for unlawfully
and illegally obtained criminal ev...