The discussion will analyze the exclusionary rule and the Miranda v. Arizona rule in relation to law enforcement, the citizens, and in the criminal practitioners. The discussion will provide opinions on both the rules, what changes I would like to see being made on the two rules, the modification, and abolitions that can be made if possible based on the facts.
The Exclusionary Rule
The exclusionary rule has been controversial to the citizens, criminal justice procedures, and law enforcement. For instance, the Fourth Amendment criticizes the American exclusionary rule with reference to the practices in the foreign nations. The existence of the rule in the United States alone has made it less accurate when applied to other countries’ jurisdiction processes. The authority of prosecutors in Canada varies from that of the United States and modification of the rule to ensure authority and commands are well represented would be valuable. However, in England, the law reprimands, punishes, or sues the law enforcement if there is any violation of the law procedures and criminal prosecution process. The illegally obtained pieces of evidence, however, are still considered admissible in court, while in the United States Court, it is inadmissible.
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The Miranda v. Arizona Rule
The Miranda rule is recognized as a constitutional right in 1966 decision of the Miranda v. Arizona. The rule allows a suspect to be informed about their Fifth and the Sixth Amendment rights prior to the interrogations. The rule provides the accused with personal rights and public safety during custodial interrogations. However, the justice and criminal practitioners believe that it is not the responsibility of the law enforcement or police to remind the accused of their rights. I believe it is unconstitutional to obtain information or confession from the accused without telling the accused of their rights.
Conclusion
The exclusionary rule and the Miranda. Arizona rule should support the right of the criminal to be reminded of their rights to remain silent and be given the opportunity to get an attorney. Furthermore, the introduction of the script writing was valuable to provide recorded evidence for a case when presented to the court.
