The Evolution of the Exclusionary Rule. Law Essay Paper

The Evolution of the Exclusionary Rule
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The Evolution of the Exclusionary Rule
Insofar as legal practice is concerned, the Exclusionary Rule has played a significant role in guaranteeing that citizens get a fair trial in court. By definition, this rule prevents any evidence collected in a manner that violates the constitutional rights of the defendant from being admissible in court (Maclin, 2013). In this sense, the litigation process can remain free and fair to all individuals, both defendants and plaintiffs. In another perspective, this rule serves to institute a sense of sobriety and ethical practice insofar as the police force is concerned. It, directly and indirectly, deters both police officers and prosecutors from illegally obtaining evidence in the name of justice and contravention of the Fifth Amendment, which protects from self-incrimination (Emanuel, 2009).
While the history of the Exclusionary Rule is distinctly American, it is also worth noting that it has its roots partly in English Common Law (Maclin, 2013). As far back as 1769, English courts, through Lord Chief Justice Mansfield, had excluded all forms of self-incriminating evidence from being admissible in court regardless of how much the case relied on said evidence. Having this foundation, the United States followed suit. Boyd v. United States in 1886 (addressing wrongful searches and seizures), Bram v. United States in 1897 (declaring involuntary confessions to be inadmissible evidence), and Weeks v. United States in 1914 (preventing unreasonable searches and seizures) all served to institute the Exclusionary Rule as a core part of legal practice that not only protects the rights of defendants from self-incrimination, but al...