Exclusionary Rule

Abstract

The Exclusionary Rule is a very important part of the criminal justice system. It maintains a check to make sure that all evidence is legally obtained throughout the investigative process. Evidence not legally obtained should be barred from court proceedings and not used against a defendant.

What is the Exclusionary Rule?

The Exclusionary Rule, which has been examined and upheld several times by the Supreme Court, maintains that any and all evidence that can be introduced in trial against a defendant must be seized in a legal manner and in accordance with the U.S. Constitution. People have the right to be secure in their homes and are protected against illegal searches and seizures by the Fourth Amendment to the Constitution. Congress adopted the Amendment, part of the Bill of Rights, on December 15, 1791. The first landmark case that examined the rights afforded to citizens by the Fourth Amendment was the case of Weeks v. US. Freemont Weeks was suspected of mail fraud, a federal offense, by using the mail as a means to sell lottery tickets. Mr. Weeks was arrested and law enforcement officials were sent to his residence to conduct a search. While there, the officers did confiscate incriminating evidence, but they also confiscated some of Mr. Weeks' personal belongings. During the initial trial, where Mr. Weeks was found guilty, his attorney asked that the personal belongings that were seized be returned to his client because they had been obtained illegally; the officers conducting the search did not have a search warrant. A Federal Judge agreed that the items were illegally seized and must be returned to Mr. Weeks. Mr. Weeks then appealed his conviction, reasoning that if his personal belongings had been illegally seized that night, then all evidence that was seized that night was done so illegally. The case eventually reached the U.S. Supreme Court where Mr. Weeks' original conviction was overturned on the basis that the evidence against him had been obtained in an illegal manner. This case and its outcome were the basis for which the modern application of the Exclusionary Rule was formed. The Weeks case changed forever the way that evidence is seized, and the realization that people's right to due process is being violated if proper warrants are not obtained before search and seizure.

Should the Exclusionary Rule be Abolished?

This is a difficult question to answer. The answer to this question depends on which side you are on

If you are an individual rights advocate then your answer will be justice. Their argument is based on the concept that the legal mistake that the police officer made violates a person's constitutional right. Because this mistake of law was made, any and all evidence obtained during the investigation should be inadmissible in court. They cite precedent setting cases that have been decided upon by the US Supreme Court. Their arguments have merit and are based on the notion of government accountability for police agencies across the United States. According to the text, Criminology Today, the author writes, "The system is designed to ensure that no one individual or agency can become powerful enough to usurp the rights