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In your own words describe the Exclusionary Rule and give an example of the Exclusionary Rule What are the expectations of the rule How does the Exclusionary Rule apply to criminal procedure within the criminal justice system The Exclusionary Rule has an interesting history in the United States legal system It is a principle that is based on federal Constitutional Law that states evidence that is seized illegally by law enforcement officers in violation of a suspect s right to be free from unreasonable searches and seizures cannot be used against that suspect in any form of criminal prosecution What this means is that evidence that is taken from a criminal illegally is in direct violation of that persons Fourth Amendment rights and will not be allowed to be used against them in trial For example if an officer illegally entered my home without probable cause and found an illegal narcotic they could not prosecute me for that because they violated the Fourth Amendment by performing an illegal search and seizure The expectations of the rule are to act as guidelines for law enforcement agencies to follow the protocol set by the constitution Every citizen in the United States has rights given to them by the Bill of Rights and the Constitution and the expectation of these rules are to ensure that these rights are not taken away from them The rule applies to criminal procedure within the criminal justice system as a means to ensure guilt If an officer has gone through the proper channels and still found evidence that a person is guilty then that would work towards proving that persons guilt more effectively and with less question The exclusionary rule is basically a rule that was put into place affectively at all levels state and federal in the 60 s It is a rule that makes it to where any evidence against a suspect or a person charged with a crime can not be used if it was seized illegally Meaning if any form of authority searched a home car business etc illegally with no search warrant or searched something not stated on the search warrant then that evidence will not be allowed in court or trial So if I stabbed a person and the knife was in my home with my fingerprints with the victims blood and a officer got that knife from my home without a warrant then that bloody printed knife could not be used against me as evidence at my trial because it was seized illegally by authorities If I understand right the exception to this rule only applies before and after a trial although the evidence can not be used against me at trial it can later be used against me at say a sentencing hearing or before my trial at like a grand jury proceeding This rule applies to the criminal procedure because if the evidence can not be used the prosecution has a lesser chance of conviction or a greater chance of having a mistrial This rule can make it to where real guilty murderers are set free based on their constitutional rights


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UOPX CJA 364 - Assignment

Course: Cja 364-
Pages: 1
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