Exclusionary Rule

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Criminal procedure is a complicated process by which a suspect or defendant is charged with a criminal activity (or multiple crimes) and must undergo the court process. In the United States of America, all defendants are innocent until proven guilty; this is unlike in other countries. This means that there needs to be substantial evidence proving someone’s guilt beyond any reasonable doubt. There are also numerous laws, bills, amendments etc. to help protect our country’s citizens from an unjust government. One such article is the Fourth Amendment to the US Constitution, which protects citizens from unlawful searches and seizures, which must be appropriately conducted within the bounds of the law. “The exclusionary rule makes evidence inadmissible…show more content…
When a search is conducted with a good faith belief that it is a legal search, the evidence discovered may be admitted… If the officer believes that a warrant is not required for a search, or conducts a search pursuant to a warrant which he believes to be valid, the officer can be said to be acting in good faith” (National Paralegal College, 2007). The judgment of good faith in a search and seizure comes down to the judge it is not up to a jury to decided the admissibility of evidence in a trial. The media plays a large role with high profile cases. Evidence that may have otherwise been inadmissible may be the final piece to indict a defendant, which may cause the defendants and his or her supporters to be quite upset. The exclusionary rule is a necessary rule within our untrusting society. Times have changed drastically especially public opinion and society as a whole. One counter to the exclusionary rule is that in cases involving a victim; the victim(s) or their family(s) may be unsettled by the dismissal of evidence. If certain evidence unlawfully obtained and not obtained in good faith is excluded from the trial a potentially guilty individual may be acquitted due to lack of evidence. This is one major ramification that must be taken with a grain of salt. Yes, guilty individuals may “get away with murder” whether its due to a plea bargain and having evidence excluded or charges dropped or they have money and can afford a good lawyer to find inadmissible evidence or statements, but it is a necessary component of the justice system. Without the exclusionary rule rogue cops could invade homes for nearly any reason and dig up some kind of evidence against the homeowner. This is not what Democracy entails. Police with unlimited power to search and seize any property, location or individual would quickly develop into a police state and numerous citizens behind bars. Citizens of the United States should
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