Law

Final Paper Abstract

Introduction: Introduce the topic of the paper and pique the readers’ interest. Discuss the purpose for writing about ‘Then

Exclusionary Rule.’ Provide a simple outline as to what the reader can expect to read in this paper.

Provide a history/definition of the exclusionary rule. Refer to “Sara A Myers and John Sun, (2010, March 21). Davis v. United States

(09-11328)” for facts regarding when this rule comes in to play ‘specific reasons.’This section should provide a full definition as

well as provide examples of when The Exclusionary rule can/will be applied.

How it got to where it is now Clancy, Thomas K., the Fourth Amendment’s Exclusionary Rule as a Constitutional Right (April 30, 2012).

Ohio State Journal of Criminal Law, Vol. 10, 2012. “The evolution of the basis of the rule in the states is particularly convoluted,

based on the influence of Supreme Court developments over the decades”…. Good base to open explanation. This paragraph will provide

much of the history and evolution of The Exclusionary Rule. (How, when and why we have it)

Pros/Cons — (Use several cases to show both sides)
“Maclin, T. (2012). The Supreme Court and the Fourth Amendment’s Exclusionary Rule. Oxford University Press.” — Further explanation

of the how/why the Exclusionary Rule evolved…pros/and cons to society as well as to the judicial system.This section will correlate

with the next section discussing Pros and Cons of the rule, backed up by cases with further examples.

….pros….(A Powerful Tool Used To Defend The Forth Amendment, Shifts The Burden Of Proof Away From The Individual…) ….cons ….(Not a

Part of The US Constitution, Can Result In Guilty People Going Free….)

Refer to cases that involve the exclusionary rule “Weeks v. United States, 232 US 383 – Supreme Court 1914” And——Scott v. State,

256 A. 2d 384 – MD: Court of Special Appeals 1969‘–indicated the right was “always recognized under English and American law, to

search the person of the accused when legally arrested to discover and seize the fruits of evidences of crime.”Use cases as examples of

The Exclusionary Rule. Show how this rule can be applied under different circumstances. (Very short excerpts of cases explaining how

the rule is used and why) (Intertwined with Pros/Cons section)

Discuss the below exception:
Explain the ‘good faith exception’. (Refer to case United States v. Leon, 468 U.S. at 915-16)—use examples from this case to show

when and why this exception should be applied… “The Fourth Amendment exclusionary rule should not be applied so as to bar the use in

the prosecution’s case in chief of evidence obtained by officers acting in reasonable reliance on a search warrant issued by a detached

and neutral magistrate but ultimately found to be invalid. Pp. 905-925.”
Maclin, T. (2012). The Supreme Court and the Fourth Amendment’s Exclusionary Rule. Oxford University Press.This section will discuss

the constitutionality of the ‘good faith exception,’ using facts and providing a definition.

Conclusion…..Brief summary of paper. Summarize all major points and complete with a statement regarding the importance of ‘The

Exclusionary Rule.’
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