Exclusionary Rule Evaluation
Introductory Summary
The legal principle established by the exclusionary rule is entrenched in the United States of America constitution and relates to the fourth and fourteenth amendments. The fourth amendment confers the right that prohibits illegal searches and seizures that are done without a search warrant and notice to the victim by law enforcement agencies. On the other hand, the fourteenth amendment confers the rights to have a due process in trial done according to law. The principle further relates to the Fifth Amendment that deals with self incrimination that may arise as a result of being compelled to confess. It also relates to the sixth amendment that confers rights to have legal counsel. The law greatly influences the credibility of any evidence gathered for use in prosecution of a defendant. Thus, evidence gathered in violation of this rules may be suppressed in any federal court. The exclusionary rule mostly concerns consideration of the credibility of evidence gathered by law enforcers. This rule’s has three elements attached to it: firstly, there has to be some evidence gathered. Secondly, the evidence must have been gathered by a police officer or any law enforcement agent acting like a police. Thirdly, there has to be a connection between the evidence secured and an illegal action in securing the evidence.
Rationale and purpose of the Exclusionary rule
The rationale behind the rule was given by the concept of “Unclean hands”. This concept meant that not all evidence produced in court is collected legally and is good for use in prosecution (Gonzalez, 1991). Therefore, courts being the highest symbol of justice could not use illegally tainted evidence because this would taint their process with illegality too. Thus, they had to avoid the use of illegally acquired evidence.The purpose behind the principle of the exclusionary rule is the deterrence of police misconduct. This means that if a law enforcement officer acquired evidence from any person illegally and without due process then that evidence would be suppressed in the federal court. Especially, if it is deemed the process of acquisition went against the 4th amendment (Gonzalez, 1991).
Exceptions to the exclusionary rule
There are times when exceptions to the rule occur even if the situation of evidence collection meets the tree conditions that may lead to its disqualification.The first exception was created in a Supreme Court case of Colon versus the U.S in the year 1984 and is called the independent source doctrine. This exception occurs when one initially gathers evidence illegally without a warrant but, later on goes back with a warrant to gather the same evidence. In such cases the evidence can be considered legal (‘Fourth Amendment’, 2010).The second exception was added as a result of the Nix versus Williams case of 1984 and is called the inevitable discovery doctrine. The exception occurs when evidence is seized physically in an illegal manner but, there is substantial proof that it would have been hypothetically found by a later search without the use of illegal means like force(‘Fourth Amendment’, 2010).The third exception was as a result of the Supreme Court cases of 1984-Mass versus Sheppard and U.S versus Leon-and is called the exception of good faith. This exception allows use of evidence seized by law enforcement officers upon the use of an erroneously issued warrant, which was sought in good faith by the police and issued by a magistrate acting neutrally and in a detached manner. This is allowed because there is no proof of police misconduct (‘Fourth Amendment’, 2010).
Cost and benefits of the exclusionary rule
The costs of this rule are based on the fact that it takes a lot of time and procedure for law enforcers to conclude their work. The requirements-warrant- under this law take time to acquire and hence deter quick police action against crime (Gonzalez, 1991). The law may also force police to lie thinking that they will achieve the end by this means because they may have no other way to prove their case even though it is true. As a result of this there will be a set back in the fight against crime.According to Gonzalez (1991) the benefits of this law are that it ensures law enforcers adhere to good conduct and practice in handling crime. It also protects the basic rights of an individual including privacy. The law also ensures integrity, professionalism and quality training is upheld in the justice and law enforcement systems.
Alternatives remedies to the exclusionary rule
Alternatives to achieve justice involve measures that may not be prescribed by the law but, can be used towards the end of achieving justice. There are several theoretical alternatives to this law. These include internal disciplinary action of the police force against its police officers that violate the exclusionary law or prosecution for committing a criminal offence. There is a tort action for persons arrested illegally and of whom their privacy has been violated by law enforcers available under common law. Law-enforcers that act against the law are also liable for damage suits (‘Fourth Amendment’, 2010).My personal opinion towards this law is that, the law is double edged-in that it works well in instilling discipline in the justice and law enforcement systems but, to some extent deters the fight against crime. The law could also act as a demoralizing element to the police because of the burden of proof that it adds to their work. This is because many at times evidence is discredited with the full knowledge of police that indeed it was good evidence. The time the police take in acquiring these search warrants leads to inefficiency and demoralization because the whole crime fighting process becomes bureaucratic and slow.
References
Gonzalez, B. A. (1991). The Exclusionary Rule and its Rationale. Quezon Avenue, Sta Cruz: Central Law Book Publishers Company.
‘Fourth Amendment’, (2010). Enforcing the Fourth Amendment: The exclusionary law. Viewed at, http://caselaw.lp.findlaw.com/data/constitution/amendment04/06.html, on 8th May 2010.
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