CRJS400 DB5

Apr 10th, 2015
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Prepare a 4–6 paragraph response to the following questions: • What role does the concept of exclusionary rule play in our criminal justice system? • To what extent might one argue that the exclusionary rule has gone too far in protecting civil liberties at the expense of fighting crime? Further Guidelines • The provision contained in the Bill of Rights should be discussed as well as how it relates to criminal proceedings. • Incorporate in your discussion some of the shifts in the U.S. Supreme Court's position relating to the application of the exclusionary rule in more recent cases.

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CRJS400-DB5NameClassDateProfessorCRJS400-DB5 The Exclusionary Rule is a constitutional law that is guaranteed by the Fifth Amendment and established through the historical ruling of Weeks v. United States. In this ruling the Supreme Court determined when police violate the citizen's constitutional right against the unreasonable search or seizure the evidence is subject to conclusion from the court case (Morgan, 2001). The exclusionary rule is designed to provide checks and balances on the actions of the police and to prevent them from acting within the confines of the law. While the exclusionary rule was established to ensure the Fifth Amendment rights of the citizen the result has been conflict concerning the challenges the rule can create when a guilty offender goes free even though there was ample evidence to prove their guilt and the limitations it puts on the investigatory capabilities of the police. When police gather evidence without the use of a warrant or question defendants illegally all evidence that is collected after the illegal actions of the police becomes subject to exclusion as well (Morelly, 2004). This is known as the Fruit of the Poisonous Tree doctrines. When the Bill of Rights was established and the Fifth Amendment was ratified it guaranteed the citizen the right against unreasonable search and seizure and when the rule was tested in 1904 in the case of Adams v New York after the defendant claimed the governmen

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