Essay On Exclusionary Rule

One of the most controversial, and perhaps,most important American legal principle, is the exclusionary clause which under Constitutional law, holds that evidence collected or analyzed in violation of defendants constitutional rights is not permitted for use in criminal persecutions. Sparked by the famous case Mapp v. Ohio, the exclusionary rule has a fair share of critics who argue that police blunders let criminals go free. In the 1961 Supreme Court case, Dollree Mapp was convicted when police searched her house ,under a false warrant, for a suspected bomb fugitive and found “lewd, lavicious, or obscene material”, otherwise known as pornography. Mapp claimed the police had no probable cause to search for the obscene materials found; the Court let her go because the material had been seized without a warrant. Despite the occasional occurrence of criminals going free, the exclusionary rule is vital to democracy because the principle ensures liberty and justice in America for all. The exclusionary rule works with the Fourth and Fifth Amendments to protect the people from law enforcement overstepping their boundaries. Security is crucial to human performance. In order for democracy to function correctly, the people must feel safe. The Fourth Amendment works to build American sense of security by protecting …show more content…
The Constitution create legal guidelines for the nation to follow when the police force abuses their power. Combined with the Fourth and Fifth Amendment, the exclusionary rule ensures that all people are treated with the dignity and respect that defines out nation. Our nation has evolved much since the time of Writs of Assistance by learning about the importance of due process of law that keeps even the highest officials grounded. Despite the criticism that criminals are let off free, the exclusionary clause ensures liberty and justice by enforcing rights of the