The principle is the base on federal constitutional law, that evidence illegality seized by law enforcement officers in violation of the suspect’s rights to be free from unreasonable searches and seizures who cannot used in the suspect in a criminal prosecution. The exclusion rule helps the average citizen in protecting their rights and gives privacy. It is design to exclude evidence obtained in violation of the criminal defendant’s rights. This right protects against any of unreasonable seizures.
The American Civil Liberties Union has expressed their hunger in fighting crime because they believed that it would expand governmental power at the cost of the privileges of untamed people. the individual that are con-exclusion can have a trouble with this rule may be because an individual put on the stand and can be announced self-incrimination, the structure once again be beaten because some prosecutors who are able to disclose the innocent. The con-exclusionist believes that the ruling is insufficient for the criminal justice system because it not only the guilty, but also it could also make the innocent looks guilty (Calabresi, 2007).
The criminal procedure deals with the set of rules that govern the administration of justice in cases involving an individual who accused of a crime. The main source of citizens’ right in America is the bill of rights it provides the government to protect and offer its citizens equal protection, and protects individuals from abusive actions by state and local criminal justice. The bill of rights has played a crucial part in number of cases dealing with police procedures for conducting seizures.
American criminal justice should treat all people fairly and that a government cannot have the power to force the accused to testify against him. In recent years, there have shifted, the U.S Supreme Court was no exception, with outstanding rulings affecting the exclusionary rule that require the suppression of evidence that have uncovered rule violation (The U.S. Supreme Court, 2009).
In another law review article, argue that the weakening of the exclusionary rule, the U.S. Supreme Court has moved towards including the conduct under the protection of the fourth amendment. The article sets out the theory that the costs of violating the rule be reduced the exceptions to the exclusionary rule, which the court will find further police violation of this amendment (Glasser, 2003).