Address the following in 10–12 pages:
Describe the “Exclusionary Rule” and what it is meant to protect the citizens of this country from.
What are the benefits of the Exclusionary Rule? Explain.
Identify at least two methods of demonstrative evidence which would explain the concept of “Best Evidence”. You may use scenarios to describe the theory of Best Evidence.
Explain to the newly appointed investigators the absolute adherence to avoiding any evidentiary issue that would result in a “Fruit of the Poisonous Tree” violation. Explain the ramifications and results of such a violation. Use at least two scenarios to demonstrate this issue.
Explain to the new investigators the idea behind the court's displeasure with issues like the Christian Burial Speech. What might it mean in the long run to a serious case just as it did with Brewer v. Williams.
Explain the types of behavior that may result in the application of the Shocking the Conscience of the Court Test. Provide at least one scenario as demonstrative instruction.
Provide instruction that coercion is a clear violation of the constitution. What areas are violated and what types of behavior are considered coercion.
What are the liabilities of the Exclusionary Rule? Explain.
What types of errors can occur? Explain
What ramifications can result from these errors? Explain.
Be sure to reference all sources using APA style.
This material may consist of step-by-step explanations on how to solve a problem or examples of proper writing, including the use of citations, references, bibliographies, and formatting. This material is made available for the sole purpose of studying and learning - misuse is strictly forbidden.Introduction
The Exclusionary Rule is a non-constitutional statute in the U.S. that provides protection for all citizens in America against illegal searches and seizures to provide evidence for court proceedings (Roger, 2014). As an extension of the Fourth Amendment, it is also applicable in the Sixth Amendment because it gives individuals the right to counsel. Thus, the rule prevents illegitimacy in both prosecution and conviction in court cases. The purpose of this paper is to discuss the Exclusionary Rule and issues that surround it. These include Demonstrative evidence as a factor of the “Best Evidence” theory, “Fruit of the Poisonous Tree” violation, Christian Burial Speech, The Shocks the Conscience Test, coercion, liabilities, errors, and remedies regarding the Exclusionary Rule. Although the constitution allows the police to convict individuals, the Exclusionary Rule restricts gathering evidence illegally from suspects.
The Exclusionary Rule is a law in the U.S. that protects citizens from illegal seizures and searches. Kerr (2011) points out that this law is embedded in the Fourth Amendment of the U.S. Constitution, as a proclamation in the Bill of Rights. Therefore, the Fifth Amendment stipulates disincentives to the police and prosecutors who might be tempted to gather evidence that violates the amendment. However, Roger (2009) warns that the law does not pertain to aliens living outside of America’s boundaries. The law is a legal doctrine in the United States that maintains that evidence investigated or collected in the contravention of a defendant’s legitimate liberty can be disqualified for criminal tribunal (Kerr, 2011). Also, the defendant has the legal obligation to counsel under the Sixth Amendment. Despite the circumstance that the law is commonplace in the United States, each state has its enhanced exclusionary laws for evidence acquired illegally under the state constitution and laws. Consequently, the rule allows a defendant from double prosecution. It applies to all residents in the United States, that is, citizens, visitors, legal immigrants, and aliens.
Although the rule covers defendants adequately, it cannot bar the introduction of evidence obtained by the police when an individual violates the 4th, 5th or 6th Amendments (Roger, 2014). Similarly, it does not apply to a parole revocation enquiry, grand jury proceeding, and civil case. Additionally, it does not apply to residents outside the United States. In fact, it is imperative to note that the rule leaves the police with a dominant objective to perform searches because it does nothing to discourage how they harass citizens; particularly ordinary minority groups (Roger, 2009). On the same note, it decreases a defendant’s benefit of doubt in a case where he or she might be legitimately innocent.
Benefits of the Exclusionary Rule
The Exclusionary Rule has several benefits to residents in the United States. To start with, it applies to the defence in court cases. It is critical to note that the law bars the police and prosecutor from conducting unwarranted seizures and searches as they search for evidence against defendants for subsequent or current court proceedings. The directive to prevent these acts came after the Fourth Revision that grants the defendant legal rights to receive protection from such unlawful procedures (Kerr, 2011). There is a tendency of the prosecution team and police to search for additional information to incriminate...