Axia College of University of Phoenix ADJ 275 Criminal Procedures Exclusionary Rule.

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Presentation transcript:

Axia College of University of Phoenix ADJ 275 Criminal Procedures Exclusionary Rule

Introduction The Exclusionary Rule Impact on Criminal Cases Exceptions Alternatives For the Exclusionary Rule Opposition

The exclusionary Rule Illegal searches and seizures Inadmissible evidence Deter police conduct Mapp vs. Ohio

Impact on Criminal cases Inadmissible Evidence Police Actions Process is Potentially Longer

Exceptions “Good Faith” “Inevitable Discovery” “Purged Taint” “Independent Source”

Alternatives Independent Review Board Civil Tort Action Hearing Expanded “Good Faith” Exception Adopt British System

For the exclusionary rule  Deters Violations  Rule of Law  Guilty are not Going Free  More Professionalism  Integrity of Judicial System  Prevent Government Profiting  Protects Privacy

Opposition  Criminal Goes Free  Excludes Probate Evidence  Officer Pays Twice  Police Perjury  Disrespect  No Proof of Deterring Police Action  United States Only  Large Areas not Affected  Not Based on Constitution  Does not Punish Officer

Conclusion Enforce the laws Education

Reference Wadsworth. (2004). Chapter 4: The Exclusionary Rule. Criminal Procedure: Law and Practice.