The Exclusionary Rule
The gathering of evidence is an important part of the Criminal Investigation, and ultimately the Criminal Trial. Certain procedure such as the issuing of a warrant and probable cause must be followed in the gathering of evidence, in order to prevent the possibility of any evidence being dismissed at trial. The exclusionary rule is a court-created rule which was adopted in 1914 (Weeks v. United States), and then first applied in state trials in the case Mapp v. Ohio. By definition, the exclusionary rule is one of the simplest rules in the legal system which excludes the use of illegally obtained evidence in a criminal trial. (Garland, 2015, p264) In other words, if the evidence is obtained in a manner that violated the
The gathering of evidence is an important part of the Criminal Investigation, and ultimately the Criminal Trial. Certain procedure such as the issuing of a warrant and probable cause must be followed in the gathering of evidence, in order to prevent the possibility of any evidence being dismissed at trial. The exclusionary rule is a court-created rule which was adopted in 1914 (Weeks v. United States), and then first applied in state trials in the case Mapp v. Ohio. By definition, the exclusionary rule is one of the simplest rules in the legal system which excludes the use of illegally obtained evidence in a criminal trial. (Garland, 2015, p264) In other words, if the evidence is obtained in a manner that violated the