Essay On Exclusionary Rule

The Exclusionary Rule
The Exclusionary Rule was originally created in 1914 in Weeks v. United States. However, it only stated that evidence obtained illegally couldn’t be used in Federal cases. This meant that state police were still free to obtain evidence illegally and use it in court. State police could even hand off evidence that was illegally gathered to federal law enforcement, this was known as the “silver platter doctrine.” It was known as this because evidence that wasn’t seized legally could still be turned over “as if on a silver platter.” The Exclusionary Rule was finally applied by the United States Supreme Court to the states in Mapp v. Ohio in 1961. This purpose of this rule is to prevent law enforcement from performing any unlawful searches and seizures. This rule states that any and all evidence collected illegally cannot be used as evidence against defendants in court. This rule also states that any evidence collected as an indirect result of illegally obtained evidence would not be admissible in court. This is also known as “the fruit of the poisonous tree.”
Without the Exclusionary Rule the Fourth Amendment would likely be violated often. The Fourth Amendment is the

According to the Sixth Amendment a defendant has the right to counsel, the right to know the nature of their crimes, the right to a speedy trial, a fair jury, and the chance to confront the witnesses accusing the defendant of a crime. When a defendant isn’t given the right to counsel or when a defendant isn’t properly Mirandized, any and all evidence obtained becomes inadmissible in court. The Exclusionary rule also comes into play with the Fifth Amendment. The Fifth Amendment gives the individual the right to a grand jury, forbids double jeopardy, and the right not to self-incriminate. Therefore, when a defendant is coerced into a confession this confession could be thrown out in