The Exclusionary Rule – Wk 2 Discussion

The Exclusionary Rule – Wk 2 Discussion: Provide an example of the exclusionary rule. What distinctions can be made between the exclusionary rule and alternative remedies…

The Exclusionary Rule – Wk 2 Discussion

Paper details

CJA/315: Criminal Procedure

Wk 2 Discussion – The Exclusionary Rule

Respond to the following in a minimum of 175 words: 

Provide an example of the exclusionary rule.

·         What distinctions can be made between the exclusionary rule and alternative remedies?

·         What recommendations would you suggest regarding alternative remedies to the exclusionary rule?

·         Should the exclusionary rule be abolished? Why or why not? 

Exclusionary Rule and Alternative Remedies
The exclusionary rule protects the accused persons from violation. If the evidence is obtained through an illegal search or seizure, the exclusionary rule is invoked. The exclusionary rule applies in situations where there are self-incriminatory statements obtained by the police in violation of the Fifth Amendment, and in violation of the Sixth Amendment, denying the defendant the right to counsel. The exclusionary rule is a remedy provided by the court and not an independent Constitutional right. Miranda vs. Arizona, the court established that the Fifth Amendment applies to defendants who give self-incriminating statements when compelled by the police (“Oyez”, n.d.).
The exclusionary rule is not applicable in civil cases including immigration cases. Civil remedies are awarded to people who have suffered an invasion of privacy by bringing a civil action against the police. Unlike alternative remedies such as civil remedies, the exclusionary rule seeks to protect the defendants from a prosecution producing illegally obtained evidence in court. The exception is that if the evidence obtained is tangible then it may be admissible in court. The defendant may pursue a civil matter in a federal court if the Fifth Amendment is violated. The alternative remedy is the police involved in an illegal search or seizure is subjected to disciplinary action.

The police should exercise good faith and make arrests where there is probable cause. Alternative remedies should have the same costs as the exclusionary rule to effectively deter police misconduct. Sanctions should be imposed on police departments and abolishing of good faith defense for police officers guilty of violating the Constitution (“Exclusionary Rule – The Policy Debate”, 2020). The exclusionary rule should not be abolished since it protects the defendants from arbitrary searches and seizures, self-incrimination, and illegal arrests
References
Exclusionary Rule – The Policy Debate. Law.jrank.org. (2020). Retrieved 23 September 2020, from https://law.jrank.org/pages/1106/Exclusionary-Rule-policy-debate.html#ixzz6YqvM8DI8.
Miranda vs. Arizona. (n.d.). Oyez. Retrieved 22 September 2020, from https://www.oyez.org/cases/1965/759.