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Essay / Research Paper Abstract
This 12 page paper provides an overview of the issues surrounding the exclusionary rule and its utility in law. Bibliography lists 10 sources.
Page Count:
12 pages (~225 words per page)
File: MH11_MHExclu3.rtf
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Unformatted sample text from the term paper:
In efforts to protect the American public from illegal search and seizure, the exclusionary rule was introduced in order to prevent the collective of evidence without a warrant.
The problem, though, with the use of the application of the exclusionary rule is that more often than not, it serves to protect criminals, and when it doesnt, the rule
itself does very little to actually protect the rights of the innocent. The Fourth Amendment was established as a means by
which to protect people from the invasion of unreasonable search and seizure; however, critics contend that the exclusionary rule has encouraged the amendments failure to "integrate the substantive and procedural
components of this right" (Colb 1456-1525). The grave importance of securing ones personal privacy against unjustified invasion is of paramount importance in contemporary society, yet somewhere along the way,
the Fourth Amendment has been compromised to such an extreme that it has become difficult for one to discern its true benefit to the people. "Fourth Amendment analysis that
pits the privacy rights of individuals against public crime control concerns fails to consider all the types of harm that the amendment is intended to prevent" (Colb 1456-1525).
In essence, the development of the Fourth Amendment protections against illegal search and seizure were defined by the belief that police officers, provided with
a great deal of authority, can cross lines that are based in the level of control that they have and can result in the basic violations of rights. In
a country where people are innocent until proven guilty, the exclusionary rule is meant to further support this supposition, allowing for the protection of even those who are seemingly guilty
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