Exclusionary Rule
The exclusionary rule, is a legal rule that has been grounded on the Fourth Amendment of the United States Constitution, seeking to protect a defendant’s constitutional rights in collection or analysis of evidence used in a court of law (Slobogin, 2016). The rule seeks to ensure that any evidence that has been used as part of a case of law must be collected and analyzed in a manner that safeguards the rights of the defendant. For example, when collecting evidence, the prosecution is expected to follow the due process of the law ensuring that it get the necessary warrants before collecting evidence from private environments. In the event that the prosecution fails to safeguard the defendant’s rights, the judicial procedures point to the need for having to dismiss the use of such evidence as part of the court processes.
The adoption of this rule has been seen as key towards preventing illegal seizures and searches as a way of ensuring that evidence would be gathered when dealing with a court proceeding. On the other hand, the rule also seeks to prevent usage of self-incriminating evidence as part of the legal process in cases where the defendant’s rights and freedoms have been violated. The use of this rule, within the United States, is seen as a major milestone towards maximizing on the set out principles of the due process of law focusing on the fact that the defendant has a wide array of rights and freedoms enshrined within the constitution (Slobogin, 2016). Additionally, it must be noted that the rule applies to every person within the United States including immigrants (both legal and illegal) and visitors.
Delegate your assignment to our experts and they will do the rest.
Fruit of the Poisonous Tree Doctrine
The fruit of the poisonous tree doctrine refers to a legal metaphor adopted within the United States legal system seeking to describe evidence that has been collected illegally. The adoption of this metaphor is seen as one of the key approaches aimed at ensuring that the evidence, gathered and used as part of legal proceedings, is obtained while considering the legal structures. Specifically, this can be seen from the fact that the doctrine seeks to describe the source of evidence (the ‘tree’) indicating that in the event that the source is tainted or illegal (‘poisonous’) then the outcome (‘fruit’) will also be illegal (Cox, 2015). In other words, the doctrine seeks to ensure that all persons involved in a court proceeding understand the importance of having to use evidence that can be described based on the legal procedures used in collection.
The doctrine was first used as part of the legal structure in the United States in the case of Silverthorne Lumber Co. v. United States , 251 U.S. 385 (1920) and has become one of the key doctrines that each legal professional must abide by when dealing with evidence collection and use (Cox, 2015). The doctrine sought to maximize on the need for having to ensure that all evidence used as part of a legal case is obtained from a source that is not tainted in any way. Additionally, it also sought to ensure that the persons collecting evidence to use as part of a court case understand the value placed on their need to focus on the legal procedures that have been put in place. In overall, the doctrine has been seen as a key step towards ensuring that the use of illegal evidence is minimized when dealing with court proceedings.
References
Cox, A. M. (2015). Does It Stay, or Does It Go: Application of the Good-Faith Exception When the Warrant Relied upon Is Fruit of the Poisonous Tree. Wash. & Lee L. Rev. , 72 , 1505.
Slobogin, C. (2016). 8. A comparative perspective on the exclusionary rule in search and seizure cases. Comparative Criminal Procedure , 280.
