Q:

What is the main purpose of the Exclusionary Rule?

A:

Quick Answer

The main purpose of the Exclusionary Rule is to prevent illegal search and seizure in relation to criminal cases. The rule prevents the police or lawyers from using evidence in a trial or case that was gained by methods that violate the Constitution.

Continue Reading
What is the main purpose of the Exclusionary Rule?
Credit: Gilles Mingasson Getty Images News Getty Images

Full Answer

This law also applies to information gathered improperly under the defendant's Fifth Amendment rights. The Sixth Amendment is also covered under this rule if information is improperly gathered in relation to the defendant's right to counsel. The Exclusionary Rule does not apply in civil cases and is not an independent Constitutional right. The rule is not able to be invoked if the court has assured law enforcement that they have a valid warrant as well, even if this is in error.

Learn more about Law
Sources:

Related Questions

  • Q:

    What are the rules of civil law?

    A:

    Rule 48, which is one of the federal rules of civil procedure, determines the number of jurors as well as what constitutes a verdict and how to conduct jury polling, required for a civil litigation trial, states Legal Information Institute. This rule was first amended in 1991 when the original 1937 rule became obsolete pursuant to the adoption by many individual states of the number six as the minimum required number of jurors.

    Full Answer >
    Filed Under:
  • Q:

    What are the different types of warrants?

    A:

    Different types of warrants include no-knock warrants, anticipatory warrants, nighttime warrants, seizure warrants and warrants requiring a knock-and-announce provision, according to Cornell University Law School. Officers must show probable cause to a judge before obtaining any kind of warrant.

    Full Answer >
    Filed Under:
  • Q:

    What is the process of preparing a court order?

    A:

    The process for preparing a court order involves a request for a court order filed by an individual in relation to a court proceeding or at a different period from a hearing or proceeding, as LegalMatch reports. A person may also file a Motion for Temporary Orders, after which a hearing on the motion occurs, explains MassLegalHelp. During such a hearing the judge allows both parties involved to provide arguments before issuing a court order.

    Full Answer >
    Filed Under:
  • Q:

    What is the definition of compensatory justice?

    A:

    Compensatory justice is the way that people are compensated in relation to the injuries that have been inflicted upon them. It is a form of justice that affords monetary value to the extent of a person's injuries.

    Full Answer >
    Filed Under:

Explore