A Look At The Exclusionary Rule

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A Look At The Exclusionary Rule

...Order, the detectives are sometimes cautioned by Lieutenant Van Buren to be careful when they are going to a locale to gather evidence. What she means by this is that if evidence is collected in violation of a suspect's rights, then it could be excluded by the court at trial. The exclusionary rule has been debated throughout the years. On one hand, there are those who believe that criminals are let go when there is hard evidence, and they see the rule as a loophole. Others see it as protection of the rights of citizens. Why should the police be able to break the law in order to gather evidence? If there were no rules, and no fourth amendment, it would be a police state. Yet, in examining the exclusionary rule, there is much to discussed.
In fact, in an article by Calabresi (2003), it is claimed that the exclusionary rule is so inflammatory, it could be a litmus test to see if someone is liberal or conservative. That is...

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