Question

The exclusionary rule being invoked often results in a guilty suspect going free due to police error during investigation and evidence seizure. How do you feel about this? Should the fact that the wrongfully seized evidence proves the suspect's guilt override any 4th Amendment concerns? Explain your answer.

Answer 1

In the United States, exclusion is a constitutional law that does not allow evidence to be collected or analyzed in violation of a defendant's constitutional right to use in court. This can be considered an example of a preventive measure devised by the judiciary to protect the constitution. The exemption rule may also in certain circumstances be considered at least directly from the constitutional language, such as the Fifth Amendment, where no person "may be compelled to testify against himself in any criminal case." " And that no person shall be deprived of life, liberty, or property without due process.

The exemption is based on the Fourth Amendment to the Bill of Rights and is intended to protect citizens from unlawful search and seizure. The exemption also aims to provide for the protection and prosecution of prosecutor and police who illegally gather evidence in violation of the Fifth Amendment and defend themselves against self-discrimination. The exemption also protects against violations of the Sixth Amendment, which guarantees the right to an attorney.

Most states also have a way to exclude themselves from evidence obtained illegally under the constitution and / or state statutes, which some states warrant before the federal constitution against unlawful search and seizure and forced self-discrimination.

This law is sometimes called the Legal Technique because it allows the defense to have no connection with whether or not the crime was committed. In that sense, it is similar to the Fifth Amendment's clear law that protects people from double jeopardy. In extreme cases, when illegal activity is used by the police / prosecutors office to get incorrect results, all the evidence that results from illegal activity, this evidence is known as "poisonous tree Can be abandoned by the jury.