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Essay / Research Paper Abstract
This 5 page paper includes a discussion about two articles, one in favor and one against, this rule in law. The paper argues in favor of the exclusionary rule. Bibliography lists 3 sources.
Page Count:
5 pages (~225 words per page)
File: RT13_SA807ex.rtf
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Unformatted sample text from the term paper:
this is that if evidence is collected in violation of a suspects rights, then it could be excluded by the court at trial. The exclusionary rule has been debated throughout
the years. On one hand, there are those who believe that criminals are let go when there is hard evidence, and they see the rule as a loophole. Others see
it as protection of the rights of citizens. Why should the police be able to break the law in order to gather evidence? If there were no rules, and no
fourth amendment, it would be a police state. Yet, in examining the exclusionary rule, there is much to discussed. In fact, in an article by Calabresi (2003), it is
claimed that the exclusionary rule is so inflammatory, it could be a litmus test to see if someone is liberal or conservative. That is how an article begins entitled "The
exclusionary rule." In the piece, the author explains that liberals see this as a rule to protect the citizens, where conservatives see it as a rule that only lets criminals
go (Calabresi, 2003). In a general way, the author has a point. After all, it does appear that many conservatives are law and order types who protect the police, and
believe that every suspect is guilty and every guilty man needs to be sentenced harshly. As an example, Rudy Giuliani claims that the exclusionary rule is something that never made
sense to him (Continetti, 2007). Those who are liberal believe that the police are corrupt and that the law protects innocent people from being victims of a broken system. After
examining the rule politically, the author adds that liberals should not like the exclusionary rule because paradoxically, it actually deteriorates privacy rights (Calabresi, 2003). The author goes on to explain
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