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Exclusionary Rule
For or Against the New Legislation
Cierra Chandler
For the new legislation
 " . . . Evidence obtained as a result of a
search or seizure that is otherwise
admissible in a Federal criminal
proceeding shall not be excluded in a
proceeding in a court of the United States
on the ground that the search or seizure
was in violation of the fourth amendment
to the Constitution."
 In short, the new legislation states that
even if the evidence is obtained illegally,
the evidence against the criminal would
still be permissible to be used in the
court.
I believe this is a good legislation because it
punishes the guilty, not the innocent, allows
the police to do their job, makes room for
improvement for new exclusionary laws, and
it make the justice system more fair.
Reasons for the New
Legislation
 The guilty can rightly
get convicted
 We should trust our
police
 It looks at the whole
situation
 The citizens put their
trust in the Judicial
systems to make right
decisions
https://www.google.com/url?sa=i&rct=j&q=&esrc=s&source=images&cd=&cad=rja&u
act=8&docid=j4vYWadmvd1MaM&tbnid=Zl64zHM4yWRlzM:&ved=0CAYQjRw&url=http%
3A%2F%2Fchevrefeuillescarpediem.blogspot.com%2F2013%2F04%2Fcarpe-diem-166-
libra-scales-zodiac-
7.html&ei=yKcfU56fNuHz0gGDw4G4Dw&bvm=bv.62788935,d.dmQ&psig=AFQjCNEE7N
Wjp2KHzScHR_6ZuCOn9oQeIQ&ust=1394669773225308
http://www.google.com/imgres?rlz=1C1CHFX_enUS557US557&espv=210&es_sm=122&biw=13
66&bih=667&tbm=isch&tbnid=j6gFStav1g6LQM%3A&imgrefurl=http%3A%2F%2Fwww.smh.com
.au%2Fnews%2FPeople%2FRemorseful-Russells-
woe%2F2005%2F06%2F06%2F1117910244317.html%3Foneclick%3Dtrue&docid=bMv66FaJNnT33
M&imgurl=http%3A%2F%2Fwww.smh.com.au%2Fffximage%2F2005%2F06%2F07%2Fcrowe_wide
web__430x316.jpg&w=430&h=316&ei=_KofU_iZBcrr0QGCl4H4Aw&zoom=1&ved=0CGQQhBww
Aw&iact=rc&dur=1034&page=1&start=0&ndsp=12
The Guilty Can Rightly Get
Convicted
 Initially, the real people who
were punished were the people
who did their jobs as law
enforcers and the victims of the
crime
 With the new legislation, the
criminals will remain guilty no
matter how the evidence was
obtained.
http://www.google.com/url?sa=i&rct=j&q=exclusionary+rule&source=images&cd=&cad=rja&uact=8&docid=bs471VeUNKo3JM&tbnid=7BqwBngW16TyrM:&ved=0CAYQjRw&url=http%3A%2F%2Fwww.cvsa.asn.au%2Fexclusionaryevidence.html&ei=ZYMfU7CAO-f20gHSmIDYDw&bvm=bv.62788935,d.dmQ&psig=AFQjCNHezuqVdo13OnKzP6QfUkkTBQj0pQ&ust=1394660553595655
We Should Trust Our Police
 Why would we give a police officer
her/his badge if we do not believe
they do not trust them enough to
use it
 The police are only trying to do their
jobs by putting the criminals in their
right places with evidence that is
valid enough to defend their case.
 We should not have to punish our
law enforcement officers for doing
their job
It Looks at the Whole Situation
 Why are we keeping a rule that
doesn't encompass the whole
situation?
 It focuses on the wrongs of the
law enforcer instead of the
criminal
 With the new legislation, it
provides opportunity to see the
whole situation and develop a
new rule that could encompass
everyone’s rights
Citizens Trust our Judicial System
 Citizens are entitled to know the
full truth when deciding the fate of
suspect, they believe that the
court is and should make just
decisions, if not they would have
even no matter how the evidence
was provided
 With the new legislation, the court
room will be able to make a make
a more accurate decision because
all evidence was provided
 That is what our justice system is
supposed to be about
Conclusion
 With the new legislation it makes the judicial system not
only more fair, but also more just. The exclusionary rule
does not look at the bigger picture when protecting the
criminal. Evidence is evidence.
 If the justice system was living up to its name, we would
have established a law a long time ago that looks at the
whole situation, not just one facet of it. Criminals are
criminals because they committed a crime nothing more
and nothing less.
Cont.
 According to former Attorney General Edwin Meese, "Since Mapp v. Ohio, the
exclusionary rule has had a devastating impact on law enforcement in America.
One recent study estimated that 150,000 criminal cases, including 30,000 cases of
violence, are dropped or dismissed every year because the exclusionary rule
excluded valid, probative evidence needed for prosecution." Source: Meese,
Edwin III and Rhett DeHart. 1997. "The Imperial Judiciary. And What Congress Can
Do About It," Policy Review January-February 1997, No. 81.
 It is time to stop putting all of our energy into how the evidence was provided,
but actually the evidence that the criminal left behind when committing the
crime.

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Exclusionary Rule

  • 1. Exclusionary Rule For or Against the New Legislation Cierra Chandler
  • 2. For the new legislation  " . . . Evidence obtained as a result of a search or seizure that is otherwise admissible in a Federal criminal proceeding shall not be excluded in a proceeding in a court of the United States on the ground that the search or seizure was in violation of the fourth amendment to the Constitution."  In short, the new legislation states that even if the evidence is obtained illegally, the evidence against the criminal would still be permissible to be used in the court.
  • 3. I believe this is a good legislation because it punishes the guilty, not the innocent, allows the police to do their job, makes room for improvement for new exclusionary laws, and it make the justice system more fair.
  • 4. Reasons for the New Legislation  The guilty can rightly get convicted  We should trust our police  It looks at the whole situation  The citizens put their trust in the Judicial systems to make right decisions https://www.google.com/url?sa=i&rct=j&q=&esrc=s&source=images&cd=&cad=rja&u act=8&docid=j4vYWadmvd1MaM&tbnid=Zl64zHM4yWRlzM:&ved=0CAYQjRw&url=http% 3A%2F%2Fchevrefeuillescarpediem.blogspot.com%2F2013%2F04%2Fcarpe-diem-166- libra-scales-zodiac- 7.html&ei=yKcfU56fNuHz0gGDw4G4Dw&bvm=bv.62788935,d.dmQ&psig=AFQjCNEE7N Wjp2KHzScHR_6ZuCOn9oQeIQ&ust=1394669773225308 http://www.google.com/imgres?rlz=1C1CHFX_enUS557US557&espv=210&es_sm=122&biw=13 66&bih=667&tbm=isch&tbnid=j6gFStav1g6LQM%3A&imgrefurl=http%3A%2F%2Fwww.smh.com .au%2Fnews%2FPeople%2FRemorseful-Russells- woe%2F2005%2F06%2F06%2F1117910244317.html%3Foneclick%3Dtrue&docid=bMv66FaJNnT33 M&imgurl=http%3A%2F%2Fwww.smh.com.au%2Fffximage%2F2005%2F06%2F07%2Fcrowe_wide web__430x316.jpg&w=430&h=316&ei=_KofU_iZBcrr0QGCl4H4Aw&zoom=1&ved=0CGQQhBww Aw&iact=rc&dur=1034&page=1&start=0&ndsp=12
  • 5. The Guilty Can Rightly Get Convicted  Initially, the real people who were punished were the people who did their jobs as law enforcers and the victims of the crime  With the new legislation, the criminals will remain guilty no matter how the evidence was obtained. http://www.google.com/url?sa=i&rct=j&q=exclusionary+rule&source=images&cd=&cad=rja&uact=8&docid=bs471VeUNKo3JM&tbnid=7BqwBngW16TyrM:&ved=0CAYQjRw&url=http%3A%2F%2Fwww.cvsa.asn.au%2Fexclusionaryevidence.html&ei=ZYMfU7CAO-f20gHSmIDYDw&bvm=bv.62788935,d.dmQ&psig=AFQjCNHezuqVdo13OnKzP6QfUkkTBQj0pQ&ust=1394660553595655
  • 6. We Should Trust Our Police  Why would we give a police officer her/his badge if we do not believe they do not trust them enough to use it  The police are only trying to do their jobs by putting the criminals in their right places with evidence that is valid enough to defend their case.  We should not have to punish our law enforcement officers for doing their job
  • 7. It Looks at the Whole Situation  Why are we keeping a rule that doesn't encompass the whole situation?  It focuses on the wrongs of the law enforcer instead of the criminal  With the new legislation, it provides opportunity to see the whole situation and develop a new rule that could encompass everyone’s rights
  • 8. Citizens Trust our Judicial System  Citizens are entitled to know the full truth when deciding the fate of suspect, they believe that the court is and should make just decisions, if not they would have even no matter how the evidence was provided  With the new legislation, the court room will be able to make a make a more accurate decision because all evidence was provided  That is what our justice system is supposed to be about
  • 9. Conclusion  With the new legislation it makes the judicial system not only more fair, but also more just. The exclusionary rule does not look at the bigger picture when protecting the criminal. Evidence is evidence.  If the justice system was living up to its name, we would have established a law a long time ago that looks at the whole situation, not just one facet of it. Criminals are criminals because they committed a crime nothing more and nothing less.
  • 10. Cont.  According to former Attorney General Edwin Meese, "Since Mapp v. Ohio, the exclusionary rule has had a devastating impact on law enforcement in America. One recent study estimated that 150,000 criminal cases, including 30,000 cases of violence, are dropped or dismissed every year because the exclusionary rule excluded valid, probative evidence needed for prosecution." Source: Meese, Edwin III and Rhett DeHart. 1997. "The Imperial Judiciary. And What Congress Can Do About It," Policy Review January-February 1997, No. 81.  It is time to stop putting all of our energy into how the evidence was provided, but actually the evidence that the criminal left behind when committing the crime.