1. Identify and explain the rationales behind the three justifications for the exclusionary rule. Which justification does the U.S. Supreme Court use today? 2. List and explain five exceptions to the exclusionary rule. 3. Is there a constitutional right to the exclusionary rule and the defense of entrapment? Explain your answer.

1. The three justifications for exclusionary rule include the fact that it is a fundamental right that should not be violated, there are no exigencies, and to deter misconduct of police officers. The justification that the United States Supreme Court uses today is the exclusionary rule as a personal right of privacy.

2. Despite the widespread application of exclusionary rule across the United States’ legal system, a number of exceptions are applied that enable the prosecution to use evidence that was received by means of the fourth amendment violation as part of criminal procedure. These exceptions include child protective proceedings, deportation hearings, tax hearings, evidence seized outside the United States and evidence seized by probation or parole officers. Children are legally considered vulnerable and as such lack, the capacities to go through the rigors of full trials. The evidence seized during child protection proceedings is admissible in criminal proceedings even if the Fourth Amendment is violated. This is similar to evidence seized by probation or parole officers and evidence seized outside the United States because the disparities in justice systems across borders may limit the capacities of police officers to collect valid evidence.

3. There is a constitutional right to the exclusionary rule and the defense of entrapment. However, these revolve around a number of factors surrounding the conditions under which the intent to commit was generated, the willingness to commit the crime and the difference between availing opportunity for one to commit the crime and persuading someone to commit the crime.

Answer by Academic.tip's expert
An answer to this question is provided by one of our experts who specializes in art. Let us know how much you liked it and give it a rating.

Cite this page

Select a citation style:

References

Academic.Tips. (2020) '1. Identify and explain the rationales behind the three justifications for the exclusionary rule. Which justification does the U.S. Supreme Court use today? 2. List and explain five exceptions to the exclusionary rule. 3. Is there a constitutional right to the exclusionary rule and the defense of entrapment? Explain your answer'. 2 May.

Reference

Academic.Tips. (2020, May 2). 1. Identify and explain the rationales behind the three justifications for the exclusionary rule. Which justification does the U.S. Supreme Court use today? 2. List and explain five exceptions to the exclusionary rule. 3. Is there a constitutional right to the exclusionary rule and the defense of entrapment? Explain your answer. https://academic.tips/question/identify-and-explain-the-rationales-behind-the-three-justifications-for-the-exclusionary-rule/

References

Academic.Tips. 2020. "1. Identify and explain the rationales behind the three justifications for the exclusionary rule. Which justification does the U.S. Supreme Court use today? 2. List and explain five exceptions to the exclusionary rule. 3. Is there a constitutional right to the exclusionary rule and the defense of entrapment? Explain your answer." May 2, 2020. https://academic.tips/question/identify-and-explain-the-rationales-behind-the-three-justifications-for-the-exclusionary-rule/.

1. Academic.Tips. "1. Identify and explain the rationales behind the three justifications for the exclusionary rule. Which justification does the U.S. Supreme Court use today? 2. List and explain five exceptions to the exclusionary rule. 3. Is there a constitutional right to the exclusionary rule and the defense of entrapment? Explain your answer." May 2, 2020. https://academic.tips/question/identify-and-explain-the-rationales-behind-the-three-justifications-for-the-exclusionary-rule/.


Bibliography


Academic.Tips. "1. Identify and explain the rationales behind the three justifications for the exclusionary rule. Which justification does the U.S. Supreme Court use today? 2. List and explain five exceptions to the exclusionary rule. 3. Is there a constitutional right to the exclusionary rule and the defense of entrapment? Explain your answer." May 2, 2020. https://academic.tips/question/identify-and-explain-the-rationales-behind-the-three-justifications-for-the-exclusionary-rule/.

Work Cited

"1. Identify and explain the rationales behind the three justifications for the exclusionary rule. Which justification does the U.S. Supreme Court use today? 2. List and explain five exceptions to the exclusionary rule. 3. Is there a constitutional right to the exclusionary rule and the defense of entrapment? Explain your answer." Academic.Tips, 2 May 2020, academic.tips/question/identify-and-explain-the-rationales-behind-the-three-justifications-for-the-exclusionary-rule/.

Copy