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Why is the exclusionary rule a controversial provision in some legal circles?
Wiki User
∙ 6y ago
Some potential consequences of the exclusionary law is that it could keep evidence that is pertinent to a case out of the courtroom. If it is the only evidence that could keep be used to convict a guilty person it is problematic.
Wiki User
∙ 9y ago
Wiki User
∙ 14y agoThe Exclusionary Rule is not explicity menshioned in the U.S. Constitution. There is no empirical evidence to indicate that the Exclusionary Rule actually deters police misconduct. A recent study indicates that out of 150,000 cases 30,000 criminals managed to escape legal problems due to exclusionary rule.
Wiki User
∙ 11y agoThree reasons that support the Exclusionary Rule are the following; protects certain "duo process of law" rights that are not specifically contained in the Constitution or its amendments, protects personal right of privacy,to disallow a search which no judge allowed in the first place, and final to deter police misconduct.
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What legal doctrine was established to control police misconduct?
The legal doctrine established to control police misconduct is called "qualified immunity." This doctrine protects government officials, including police officers, from being held personally liable for civil damages as long as their actions did not violate clearly established statutory or constitutional rights.
What is a 'deeming provision'?
A deeming provision is like a legal "fiction'. These are inserted in a statute to make interpretation of the statute easier. But a deeming provision or legal fiction can not be construed if it defeats the legislative intent of the statute.
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A legal principle that excludes from introduction at trial any evidence later developed as a result of an illegal search or seizure?
exclusionary rule
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What is the Exclusionary Rule?
Evidence obtained illegally may be excluded from the exclusionary rule when it:Comes from a private person who was not acting for the governmentComes from the state government, which turns the evidence over to the federal governmentViolated a person's rights, but the person is not the one who is on trialWould have been found eventually through legal meansCannot be used to the defendant's advantage because of other evidenceBelow is an article with additional info on the exclusionary rule.
Which directive principal bears the direct impact of Gandhi?
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