Constitutional Law
Exclusionary rule is under the United States constitutional law; it is a legal principle that holds evidence analyzed or gathered in violation of the constitutional rights of the defendant. In a court of law as expressed by the U.S. constitution, the evidence is inadmissible in some cases during criminal prosecution. Exclusionary protects the constitutional rights of the defendant as formulated by the judiciary. Exclusionary rule is part of the prophylactic rule. It is attached to the Fourth Amendment command and Fifth Amendment command in the U.S. Constitution.
In the Fourth Amendment according to the exclusionary rule, it is argued that American citizens are protected from illegal seizures and searches (Cromwell & Birzer, 2013). Fifth Amendment of the U.S constitution supports that no American citizen will be compelled to a criminal case as own witness and that no American citizen will be deprived property, life and liberty without following the correct processes of the American laws.
Exclusionary rule is not viable in grand jury proceeding, civil case proceeding and parole revocation hearing (Roberson & DiMarino, 2011). Exclusionary rule has received a number of criticisms in the U.S. according to Hudson V. Michigan case; Justice Scalia argued that Exclusionary rule does not inhibit 4th, 5th and 6th Amendment of the U.S. constitution. In United States v. Leon (1984) case, it was argued that Exclusionary rule is not applicable since it suppressed evidence (Maclin, 2012).
Commentators and jurists have criticized Exclusionary rule arguing that it inhibits fighting crime by overly protecting the civil liberties. Exclusionary rule has taken different positions in different cases in the U.S. depending on context; an example is during the Illinois v. Gates case (Signorelli, 2011).
A number of States have rejected Exclusionary rule arguing that even the Federal should drop Exclusionary rule. The States are sovereign and should be allowed to work independently.
References
Cromwell, P. & Birzer, M. (2013). In Their Own Words: Criminals on Crime. Oxford: Oxford University Press.
Maclin, T. (2012). The Supreme Court and the Fourth Amendment’s Exclusionary Rule. Oxford: Oxford University Press.
Roberson, C. & DiMarino, F. (2011). American Criminal Courts . Upper Saddle River, New Jersey: Prentice Hall.
Signorelli, W. P. (2011). The Constable Has Blundered: The Exclusionary Rule, Crime, and Corruption. Chapel Hill, North Carolina: University of North Carolina Press.
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