Wk 2 – Exclusionary Rule Evaluation
Research the exclusionary rule.
Write a 700- to 1,400-word paper in which you analyze the rationale and purpose of the exclusionary rule and identify exceptions to the rule. In your analysis, state the costs and benefits of the exclusionary rule, as well as alternative remedies to the rule. State your position on the exclusionary rule and provide support for your position.
Incorporate information from your research in your paper.
Format your paper consistent with APA guidelines.
Submit your assignment.
Tips on Writing the Exclusionary Paper
Based on what I have read in the past, here are some tips you might want to keep in mind when writing this paper:
1. “Exclusionary rule” refers to property seized illegally by law enforcement and cannot be used at trial by the prosecutor against the defendant. Keeping evidence out of trial is always beneficial to the defendant. The exclusionary rule does not apply to the defendant so, if the defendant wants to use that evidence anyway, s/he can.
2. “Exceptions to the exclusionary rule” refers to circumstances when, even though the evidence might have been seized illegally, it might still be introduced into evidence because of one exception or the other.
3. There are more than one exception to the exclusionary rule. The assignment calls for a discussion of “exceptions”. Therefore, you are to discuss at least two exceptions and, preferably, more. The more exceptions you discuss, the better your grade can be.
4. “The fruit of the poisonous tree doctrine” is not an exception to the exclusionary rule. It is an extension. It refers to circumstances where, even if evidence was seized legally, if it was the result of any prior illegal activity, it still won’t be allowed into evidence. Therefore, it keeps out even more evidence from the trial. Don’t confuse the two.
I hope this helps make your paper even better!
Let me know if you have any questions.