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Essay / Research Paper Abstract
3 pages in length. This memorandum seeks to appeal to yet another alternative to the oft-revised exclusionary rule, speaking directly to that of the Bivens Dissent. Bibliography lists 3 sources.
Page Count:
3 pages (~225 words per page)
File: LM1_TLCExcluRul.rtf
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Unformatted sample text from the term paper:
Since the Constitutions inception, there have been some questionable applications of subsequent amendments which were put in place as a means by which to protect citizens, yet
are being employed instead to seemingly twist the original meaning. Such is the case with accused criminals and the Fourth Amendment, which is readily and routinely enforced with the
help of the exclusionary rule. This memorandum seeks to appeal to yet another alternative to the oft-revised exclusionary rule, speaking directly to that of the Bivens Dissent.
When the student attempts to determine whether the exclusionary rule is required by the Fourth Amendment in light of the Courts comments in Leon, he/she
will want to discuss that Chief Justice Burger commented on how he did not propose overwriting the existing law, but that there had to be some other option without the
risk of undermining the laws inherent authority. "I do not propose, however, that we abandon the suppression doctrine until some meaningful alternative can be developed...the public interest would be
poorly served if law enforcement officials were suddenly to gain the impression...that all constitutional restraints...had somehow been removed" (Bivens v. FBN). With critics contending that the exclusionary rule "seriously
compromises the truth-finding role of the courts by omitting facts in an effort to preserve and protect constitutional rights" (United States v. Cusumano), it stands to reason - with regard
to whether the exclusionary rule is required by the Fourth Amendment in light of the Courts comments in Leon - how viable alternatives to the exclusionary rule must be addressed
on a case-by-case basis. Alderman v. United States provides a workable balance to this end that would permit the court to conclude just how wise it is to suppress
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