Exclusionary Rule

Exclusionary Rule For or Against the New Legislation

Cierra Chandler

For the new legislation

" . . . Evidence obtained as a result of a search or seizure that is otherwise admissible in a Federal criminal proceeding shall not be excluded in a proceeding in a court of the United States on the ground that the search or seizure was in violation of the fourth amendment to the Constitution."

In short, the new legislation states that even if the evidence is obtained illegally, the evidence against the criminal would still be permissible to be used in the court.

I believe this is a good legislation because it punishes the guilty, not the innocent, allows the police to do their job, makes room for improvement for new exclusionary laws, and it make the justice system more fair.

Reasons for the New Legislation

The guilty can rightly get convicted

We should trust our police

It looks at the whole situation

The citizens put their trust in the Judicial systems to make right decisions

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The Guilty Can Rightly Get Convicted

Initially, the real people who were punished were the people who did their jobs as law enforcers and the victims of the crime

With the new legislation, the criminals will remain guilty no matter how the evidence was obtained.

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We Should Trust Our Police

Why would we give a police officer her/his badge if we do not believe they do not trust them enough to use it

The police are only trying to do their jobs by putting the criminals in their right places with evidence that is valid enough to defend their case.

We should not have to punish our law enforcement officers for doing their job

It Looks at the Whole Situation

Why are we keeping a rule that doesn't encompass the whole situation?

It focuses on the wrongs of the law enforcer instead of the criminal

With the new legislation, it provides opportunity to see the whole situation and develop a new rule that could encompass everyone’s rights

Citizens Trust our Judicial System

Citizens are entitled to know the full truth when deciding the fate of suspect, they believe that the court is and should make just decisions, if not they would have even no matter how the evidence was provided

With the new legislation, the court room will be able to make a make a more accurate decision because all evidence was provided

That is what our justice system is supposed to be about

Conclusion

With the new legislation it makes the judicial system not only more fair, but also more just. The

exclusionary rule does not look at the bigger picture when protecting the criminal. Evidence is evidence. If the justice system was living up to its name, we

would have established a law a long time ago that looks at the whole situation, not just one facet of it.

Criminals are criminals because they committed a crime nothing more and nothing less.

Cont.

According to former Attorney General Edwin Meese, "Since Mapp v. Ohio, the exclusionary rule has had a devastating impact on law enforcement in

America. One recent study estimated that 150,000 criminal cases, including 30,000 cases of violence, are dropped or dismissed every year because the exclusionary rule excluded valid, probative evidence needed for prosecution."  Source: Meese, Edwin III and Rhett DeHart. 1997. "The Imperial Judiciary. And What Congress Can Do About It," Policy Review

January-February 1997, No. 81.

It is time to stop putting all of our energy into how the evidence was provided, but actually the evidence that the criminal left behind when

committing the crime.