Note On The Exclusionary Rule
The exclusionary rule is another rule under which relevant evidence may be excluded, based in part on public policy concerns. Under this rule, evidence gathered by the police from an illegal search is inadmissible in a criminal case. Such exclusion is intended, in part, to discourage law enforcement officials from violating the search subject's constitutional right against unreasonable search and seizure. However, it is premised as much on the right of the individual accused against such a search as it is on the larger issue of law enforcement behavior. The rule does also reflect on questions of reliability regarding some (but not all) types of evidence that are excluded thereunder. For example, an officer conducting a warrantless search may have more of an opportunity to plant evidence, and a confession coerced out of a party denied access to legal counsel may be false.
In legal education and discourse, the exclusionary rule is generally treated as a rule of criminal procedure, rather than a rule of evidence.
Read more about this topic: Public Policy Doctrines For The Exclusion Of Relevant Evidence
Famous quotes containing the words note and/or rule:
“My note to you I certainly did not expect to see in print; yet I have not been much shocked by the newspaper comments upon it. Those comments constitute a fair specimen of what has occurred to me through life. I have endured a great deal of ridicule without much malice; and have received a great deal of kindness, not quite free from ridicule. I am used to it.”
—Abraham Lincoln (1809–1865)
“Men conceive themselves as morally superior to those with whom they differ in opinion. A Socialist who thinks that the opinions of Mr. Gladstone on Socialism are unsound and his own sound, is within his rights; but a Socialist who thinks that his opinions are virtuous and Mr. Gladstone’s vicious, violates the first rule of morals and manners in a Democratic country; namely, that you must not treat your political opponent as a moral delinquent.”
—George Bernard Shaw (1856–1950)