The Exclusionary Rule

   

Criminal Evidence, Criminal Procedure

The aim of the Exclusionary rule is to protect the rights of American citizens, protect them from arbitrary intrusion and dissuade law officials from abusing constitutional rights. The rule prevents the use of direct evidence gathered in violation of the Constitution inadmissible in court. Evidence such as one gained from unreasonable search and seizure or other unconstitutional manner may be suppressed by the court. This means that the court will mostly not admit such evidence in the event of the criminal’s trial. The rule is also employed when a violation indirectly results in incriminating evidence.

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Miranda rights and why the police don’t always read them

   

Miranda rights are the rights given to criminal suspects in the U.S. upon arrest informing them of certain rights before asking them any questions. The wording that is commonly used in a Miranda warning is, “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you.” The Miranda warning primarily serves to protect suspects from self-incrimination, but not being arrested. The Miranda warning is given by the police officer when the suspect is in custody and under interrogation. The reading of these rights is a safeguard because placing a person under custody is likely to undermine a person’s will to resist and may compel them to speak in a self-incriminating way.     

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