The Exclusionary Rule of Evidence

Document Type:Research Paper

Subject Area:Criminology

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Constitution. This is to imply that any type of evidence accumulated from searches or seizure infringing upon the Fourth Amendment can't be exhibited in court amid the trial of the criminal. Therefore the exclusionary rule is aimed at protecting citizens from illegal searches or seizures and even abuse of constitutional rights of citizens by police officers and other government agents. In that case, based on the exclusionary rule, the court suppresses all evidence that is obtained through unconstitutional conducts such as unlawful searches of seizures (Maclin, 2013). Benefits of the exclusionary rule The exclusionary rule is highly beneficial as it ensures that citizens’ rights are respected even if they are deemed to be criminals. The citizens are protected by the exclusionary rule from any unlawful searches or seizures or any evidence gathered or analyzed against the U. S constitution to be used in the criminal’s trial. If the exclusionary rule did not exist, people would often be searched at any time and even evidence improperly analyzed and innocent people sent to jail due to manipulation of the evidence (Hsieh, 2016). Thus, the exclusionary rule reduces the risks of manufactured evidence against innocent people. Americans courts also use the exclusionary rule for the purpose of deterring police officers and government agents from abusing constitution rights. It ensures police officers and government agents work within boundaries when it comes to gathering and analyzing evidence against criminals and thus minimize police misconduct. Additionally, the exclusionary rule helps in preserving the integrity of the judicial system in the U.

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S. Another benefit of the exclusionary rule is that it requires reasonable justification as in there should be a sensible doubt of a criminal lead before a warrant to gather evidence is issued, thus it ensures that the law is followed even y the lawmakers (Maclin, 2013). Methods of demonstrative evidence Demonstrative evidence generally comprises graphs, physical objects, pictures, documents or even models aimed at clarifying facts for a jury or a judge. For instance, a car accident reconstruction model is a good example of demonstrative evidence. An accident reconstruction model basically involves a process of recreating the accident scene with the help of an expert witness and it’s mainly used in personal injury cases or even when there are difficulties determine who was at fault in the accident. Another good example of demonstrative evidence is photographs.

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Generally, photographs happen to be among the most widely recognized kinds of demonstrative proof as they are intense and persuasive in the brain of the jury. Photographs are considered as demonstrative evidence as they are easy to admit into evidence. Thus, to ensure absolute adherence, police officers ought to get rid of such misconducts (The Exclusionary Rule and the Fruit of the Poisonous Tree Doctrine. n. d. Ramifications and results in case of violation In the case that the “Fruit of the Poisonous Tree” is violated, then the evidence that is traced to such violation cannot be used against a criminal in court. In this case, the judge has the right to eliminate implicating proof from a criminal's preliminary if there was any offense in getting the evidence. The idea behind the court's displeasure with issues like the Christian Burial Speech.

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In issues like The Christian Burial Speech, the court's displeasure arises in the case that the police officers violate the rights of a murder suspect to guidance generally by trying endeavors to evoke implicating explanations from the criminal without conducting literal interrogations. In the Christian Burial Speech case (Brewer v. Williams), William was captured, summoned and resolved to imprison in Davenport, Lowa for murdering a 10-year old girl in Des Moines, Lowa. On the trip back to Des Moines, the cops who were to go with William were under orders not to acquire any information from him until the point when his lawyer was available to counsel him. For instance, in a divorce case involving division of assets where equalization is the most appropriate verdict the judge can make, it might shock the conscience of the court if an excessive verdict is provided and one of the members given a bigger share of the assets when the judge is swayed by emotionally draining evidence.

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In the case, the court has to intervene and look for a remedy for the excessive verdict. Instruction that coercion is a clear violation of the constitution. Coercion is basically an infringement of the constitution as it’s generally an act by a human(s) against the will of another person. The person’s right to freedom is violated. Routledge Publishers. Laurence T. The Constitution, coercion, and bribery at the Roberts Court. The Washington Post. Retrieved from https://www. Use of Demonstrative Evidence in a Criminal Trial. Legal Match. Retrieved from https://www. legalmatch. com/law-library/article/Use-of-Demonstrative-Evidence-in-a-Criminal-Trial.  Oyez. Retrieved September 11, 2018, from https://www. oyez. org/cases/1983/82-1771 Top of Form Vile, J. R.

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