Discusses the negative impact that the exclusionary rule has had on the American justice system.
This paper explains the reasons for the origin of the exclusionary rule and then looks at how this rule has led to the abuse of the Fourth and Fifth Amendments of the U.S. Constitution. The paper contends that use of the exclusionary rule has enabled guilty criminals to go free and that its original intention has been so distorted that it no longer fulfills its intended function and is instead a tool for protecting the rights of criminals.
“Our nation’s judicial system was designed in order to protect the rights of every person from being trampled on by a legal steamroller, or a judicial juggernaut focused on seeking it’s own will, rather than dispensing fair, and well deliberated justice. The Framers of the constitution had existed for years under the tyrannical and sometimes whimsical rule of King George, and wanted to safeguard the rights of the citizens involved in legal disputes. However, in recent times, the rights of citizens have bled over, and colored the proceeding by creating rights for guilty criminals. In these cases the laws have made it more difficult to secure judgments against those guilty of criminal activity.”
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