The Exclusionary Rule should continue to be a Constitutional

Question # 00849435 Posted By: wildcraft Updated on: 01/07/2024 08:35 PM Due on: 01/08/2024
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Nunez

1. The Exclusionary Rule should continue to be a Constitutional mandate of the 4th Amendment because this helps protect the defendants rights. Without this rule, the government may be encouraged to obtain evidence that would clearly violate the rights of the defendant. If the result of the Exclusionary Rule is that the charges against a guilty defendant are dropped then it falls on the prosecutions fault. Had the evidence been obtain in a correct matter then the charges would not have been dropped. It is the governments duty to obtain evidence that will lead to a guilty verdict all the while not violating a defendants right. 

2. If the Exclusionary Rule is abolished by the Supreme Court, there are several ways that the 4th Amendment violations can be resolved. For example, law enforcement agencies should implement a way to be able to hold officers accountable for any violations that they do towards the 4th amendment. Or that the violation of the 4th amendment can also be treated criminal offenses. this will allow the law enforcement officers would be held accountable for their offenses and it will deter them from committing them to begin with. 

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