Respond to 2 classmates

1.Hello Class,

Three viable alternative to the exclusionary rule would be a system under which the executive branch discipline its own people, the creation of a civil tort remedy for victims of searches and seizures, and trials of police officers who alleged to have made illegal searches. In my opinion I feel that the officers should be retrained on how to deal with the alternative remedies to the exclusionary rule. I feel that the officer should have to explain to an individual of their rights and make sure they understand them at the same time. All officers should also have to learn how to do their jobs without emotional or vindictive motives. Basically stop policing off of impulse. As far as the question asking do I think that the exclusionary rule should be abolished. I don’t feel that the exclusionary rule should be abolished. The reason that I feel that way is because, if this rule was abolished officers would go haywire. There is already a lot of racism in the world already and this would allow the officers that have these bad intention to target a certain group of people. By abolishing this rule this would take away your amendment rights.

2. The exclusionary rule is an important part of the criminal justice system. This rule states that any evidence that was obtained illegally or that goes against someone’s constitutional rights cannot be used against them in court. The exclusionary rule was created by the Supreme Court. This rule is contained in the Fourth Amendment and protects people from illegal searches and seizures. It deters police misconduct and ensures that they are upholding peoples’ rights. An extension to the exclusionary rule is called “fruit from the poisonous tree”. This means that “The “poisonous tree” is the initial unconstitutional search or seizure. Anything obtained from the tree is considered “forbidden fruit” and is not admissible at trial. There is also the good faith exception to the rule. The Good Faith exception means that if an honest mistake is made during a search or seizure, the evidence obtained would be considered admissible. I don’t think the exclusionary rule should be abolished. I feel like it ensures that people’s rights are upheld and that the police uphold people’s constitutional rights.

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