Unjustified Searches example essay topic
307 words
Pro Exclusionary Rule agree with the exclusionary rule, though there may be few things to take into consideration. There are two reasons for the exclusionary rule. One is the idea that this is similar to other parts of the law, where a person cannot benefit by his own bad behavior. Here, the police should not benefit from an illegal search.
The second reason is that we want to prevent the police from making illegal searches. This is a good motivation, since we want to avoid illegal searches. We want to avoid searches because they hurt innocent people. There is nothing really bad about the police not getting the right paperwork done before they conduct a search; but the reason paperwork is required is that unless the police can convince a judge that they have a good reason, the search probably isn't justified because it has too high a chance of hurting an innocent person and not coming up with evidence of a crime. The reason for the paperwork is not to hold back the capturing of criminals, but to prevent police from making unjustified searches.
The cost of a few criminals who get away is worth the benefit of preventing a lot of unjustified searches. As solution to the problem of unjustified searches, of course, the exclusionary rule does have an obvious problem: it does not punish anyone for making a truly unjustified search. If the police go through an apartment and find that the person hasn't committed a crime, the exclusionary rule just tells them they can't use the evidence they haven't found to prosecute the person. The exclusionary rule merely helps punish the police when their searches are unjustified. Hardy, Richard J. Government in America. Civil Liberties.
1996. Illinois.
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