Most people are unaware of the details regarding the exclusionary rule. In this article, this rule is explained in some detail.
What is the exclusionary rule?
The origins of the exclusionary rule can be traced back to the Fourth, Fifth and Sixth amendments to the U.S. Constitution as well as several court decisions. The main aim of this rule is to protect the defendant from evidences that are gathered in violation of the Fourth Amendment’s prohibition against illegal searches and seizures. This rule is also aimed at protecting the defendant from evidences that are obtained in violation of the Fifth Amendment prohibition against self-incrimination, such as recordings of a confession gathered in violation of the federal wiretapping statute. Another function of this rule is to protect the defendant from evidences that are obtained by violating the defendant’s Sixth Amendment right to counsel.
For the exclusionary rule to be applicable, the presence of three elements is necessary. The first element is that the police officer or an agent of the police has resorted to illegal action. Secondly, there must have been a seizure of evidence, which can include voluntary statements by the defendant in certain situations. The final element is of course that there should be a connection between the illegal actions of the police with the evidence seized.
Purpose behind the rule
The main purpose of this rule is of course to provide the citizens the upper hand in when there may be a clear case of discrimination or abuse of power. It will also help the prevention of the illegal intrusion of the police into the lives of the people.
Function of the exclusionary rule
A lawyer of the defendant can argue for the suppression of the evidence, if any that has been seized by the police and other investigating agencies through an illegal search with the help of this exclusionary rule. By using the exclusionary rule, the defendant can
also suppress the evidence illegally gathered from someone else, if that evidence tends to incriminate the suspect.
Hopefully, this article helped you in understanding the exclusionary rule much better. So, if someone was to ask you, “What is the exclusionary rule?” I am sure you would be able to come up with a satisfactory answer. Although this rule may work to the advantage of the guilty defendants, it helps in empowering the people who are the defendants in most of the cases. Moreover, there are numerous avenues for the investigating agency to explore if they want to secure evidence legally. If you need more information regarding this rule, browse through this website for further articles on the same.Google+