DQ1-What is the Exclusionary Rule? What are the expectations…

DQ1-What is the Exclusionary Rule? What are the expectations of the rule? How does the Exclusionary Rule apply to criminal procedure within the criminal justice system? Compare and contrast the criteria (including rationale) on which the Exclusionary Rule was based.

DQ2-Give an example of how the exclusionary rule may protect a person who is guilty of a crime. Now give an example of how the exclusionary rule can protect someone who is not guilty of a crime. Using these
two examples, explain whether or not the exclusionary rule is effective at protecting Constitutional rights.


DQ1-April to Tamara-I would have to agree. The "fruit of the poisonous tree doctrine" is very important and is a tool which must be used in order to ensure the rights of others are upheld. I also understand that there are instances where the Exclusionary Rule would not apply to the situation. At times it is not possible to procure a search warrant from a judge before time has ran out. These are the exceptions to the Exclusionary Rule that I think Billie was speaking about. If there is a threat to life in general then the need to get a warrant can come into question. Police officers are sworn to serve and protect and if the life of a citizen is in danger then it is warranted that they should be able by law to enter someone's residence and search in order to protect that life. This is why it is so important to always have exceptions to the rules so that in times of dire need action can be taken. What are your thoughts?

DQ1-April to Billie- I feel that it is important that the rule has exceptions. Without these then there could end up being a lot of people who either go to jail on evidence that was not collected properly or that end up in jail for a crime they did not commit simply because of evidence. I think that this rule also helps to ensure that police officers ensure they are upholding the rights of the people they are sworn to serve and protect. Without this rule the police might take it upon themselves to violate the rights of others simply to get the evidence that they feel they need to convict someone. Criminals might end up serving no time simply because a police officer took it upon themselves to not wait for a warrant and ended up with evidence not be collected properly and not being admissible in the court.