Submitted by: Submitted by dj1215711
Views: 10
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Pages: 3
Category: Science and Technology
Date Submitted: 05/05/2016 08:16 AM
Debate Project
Should the US abolish the Exclusionary Rule of evidence in criminal cases?
YES
Before the question can be answered as to should the US abolish the Exclusionary Rule of evidence in criminal cases we must first know what this means. What exactly is the Exclusionary Rule of evidence? According to a definition gathered from the Cornell University Law School this means it prevents the government from using evidence that is gathered in violation of the United States Constitution. The exclusionary rule applies to evidence gained from an unreasonable search or seizure in violation of the Fourth Amendment. What is the fourth amendment? According to Cornell University Law School the Fourth Amendment it is the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause. This simple means that the police cannot just come into your home without a good reason and also means that anything that they may find while in your home cannot be used against you unless they have a warrant. This rule has come to be because of the famous landmark case in 1961 called Mapp v. Ohio.
Mapp v. Ohio (1961) began in Cleveland, Ohio when Cleveland Police officers showed up at Ms. Dollree’s home claiming they had received a tip that a suspect bomber was hiding out in her home, they asked to be allowed to enter her home and search and she stated “No” after being advised by her attorney, they left and returned only to force their way into Ms. Mapp’s home claiming that they had obtained a warrant to search her property, police barged into her home and no suspect was ever found, but however police discovered a trunk in Ms. Mapp’s basement that contained obscene pictures, she was then arrested because she had material in her possession. Ms. Mapp was convicted in an Ohio Court. Ms. Mapp later felt that her fourth amendment rights had clearly...