Paper Topic:

Exclusionary Rule

Running head : The Exclusionary Rule

The Exclusionary Rule

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Abstract

The exclusionary rule is the policy that an evidence obtained from illegal search and seizure of done by law enforcers cannot be employed as evidence for the prosecution of the accused . As controversial as it seems , there are several contending schools of thought regarding this policy . As a matter of fact , there has been varying jurisprudence that laid down contesting doctrines . The Mapp v Ohio case , among all the cases that pertains to

the exclusionary rule , has the final say . It has laid down the doctrine that evidence obtained in violation of an individual 's right to privacy against illegal search and seizure cannot be used in the prosecution and conviction of the accused

The real issue that should be resolved regarding this policy is whether or not there is a remedy to the weakness of the exclusionary rule that is , criminals can get away from their crimes just because the police officer arresting him did not exercise due diligence or take advantage of his power in obtaining the evidence used against him

There are a number of proposals submitted to remedy this issue of the judiciary . The one discussed in this would be the one proposed by Calabresi . However , just like any other proposal , his also suffered criticisms from different aspects of the judicial and the executive department . Nevertheless , the proposal of Calabresi makes sense in a partial way . Police officers should be the...

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