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Exclusionary Rule
- 1. Exclusionary Rule For orAgainst the New Legislation Cierra Chandler
- 2. For the newlegislation " . . . 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 thisis 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 theNew 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 CanRightly 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 TrustOur 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 atthe 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 ourJudicial 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 thenew 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 toformer 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.