Friday, June 14, 2019
Exclusionary rule Essay Example | Topics and Well Written Essays - 500 words
Exclusionary rule - Essay ExampleIt was applied in 1955 in California supreme court in a case between people V. Cahan, so by almost 1960, 22 sates in USA adopted the rule, this are califormia, Delaware, Frorida, Idaho, Illinois, Indiana, Kentucky, Mississippi, Missouri, Montana, north, Caolina, Oldahoma, Oregon, Rhode Island, Tennesse, Washington, Texas, west Vigina, Wisconsin, Wyoming, Michigan.Also Exclusionary Rule does not bar the understructure of all evidence obtained in violation of the fourth, Fofth, or Sixth Amendment in case of Criminal case. See Hudson V. Michigan, 547. U.S. 586, 126 S. Ct. 2159 (june 1, 2006), justice scalia write for U.S. Supreme court.(http//en.wikipedia.org/wiki/Exclusionary_rule)Suppression of evidence, however, has always been our be resort, not our first impulse. The exclusionary rule generates substantial social costs, United States v. Leon, 468 U.S. 897, 907 (1984), which sometimes include setting the guilty free and the dangerous at large. We h ave and then been cautious against expanding it, Colorado v. Connelly, 479 U.S. 157, 166 (1986), and have repeatedly emphasized that the rules costly toll upon truth-seeking and law enforcement objectives presents a high obstacle for those urging its application, Pennsylvania Bd. of Probation and Parole v. Scott, 524 U.S. 357, 364-365 (1998) (citation omitted).
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