CRJ335 CSU Global Laws of Evidence - Exclusionary Rule Research Paper


Question Description

Research and summarize the history of the exclusionary rule in our court system. Then write a 2- to 3-page essay responding to each of the following items:

  1. Why was the exclusionary rule implemented?
  2. What advantages does the exclusionary rule extend to defendants?
  3. Evaluate whether the exclusionary rule may hinder the discovery of the truth.
  4. Which is more important and why: punishing guilty defendants or upholding the Constitution and deterring improper police conduct? How does the exclusionary rule factor into your answer?
  5. Research and cite two cases in support of your answer. Be sure to reference and discuss the cases, clearly assessing the effect of the exclusionary rule in the case, including whether any exceptions applied. A good place to start research of a case is the CSU-Global Library and the special section for Criminal Justice (Links to an external site.)Links to an external site..

Paper Instructions:

  • Your paper should be 2-3 pages in length (not including the required title and reference pages).
  • Include discussion and citation of at least two cases.
  • Be sure your document formatting and source citations conform to the APA formatting stadards.

Tutor Answer

School: Rice University

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Exclusionary Rule



The US constitution guarantees all Americans the right to privacy and security, both
within and outside their premises. This right is grounded on the Fourth Amendment, which bars
law enforcement agencies from conducting searches, or seizures within private premises without
following the due process (Slobogin, 2016). Before this amendment was made in 1791, illegal
seizures were common, as law enforcement officers could perform searches in private properties
at will, and without following the due process. While the cases of illegal searches decreased after
this enactment, illegal searches and seizures are still prevalent in American society. Most officers
suggest that these searches are crucial, as they help reduce crimes, and in the process, keep
Americans safe. The adoption of the exclusionary rule in the American Judicial system dealt a
blow to most of the law enforcement agencies, as it made any evidence gathered through illegal
searches inadmissible in the court of law.
The exclusionary rule was enacted to shield offenders from being incriminated to crime,
using evidence gathered in violation of their righ...

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