criminals in jail.

300 word response 1 reference Due 9/9/2023

Straw

Police are charged with arresting criminals who break the law in order to protect citizens. Sometimes they make decisions aimed at doing just that. However, the exclusionary rule is supposedly designed to ensure that police officers do not infringe on the rights of citizens by making unsubstantiated searches. The judges try to lean toward law enforcement in their efforts to keep dangerous criminals in jail. Others believe that police officers often violate the rights of citizens when they conduct illegal searches and gather evidence that can be later thrown out, thereby, causing dangerous criminals to escape prosecution on a technicality. Supporters of the rule often complain that without it, there would be nothing to help subdue the actions of police officers who make false allegations and gather evidence that should not be admitted into the court proceedings of criminals. Judges try to side with the police officers until they examine the evidence and make the decision that it was illegally obtained or it violated the privacy rights of citizens. There are three exceptions to the exclusionary rule, that include attenuation of the taint, independent source, and inevitable discovery. An example of using the exclusionary rule is the police pulling over a citizen and illegally searching his car. However, during this illegal search, the officers find drugs in the vehicle. They arrest the citizen at the scene. However, during a suppression of evidence hearing, the judge excludes the drug evidence in the case based on the exclusionary rule. This results in the citizen not being charged with drug charges because the search conducted by the officers was not valid or legal. If the person was running a red light or failing to stop at a traffic signal, his charges would stick, but the drug evidence could not be used in court. The exclusionary rule proved valuable in this case. Without it, the police officers would have been able to charge the citizen with the drugs found in his possession at the time of their search.

During interrogations, police officers must remain vigilant of the fact that a citizen has rights under the Fifth Amendment that protect them during questioning. During the Supreme Court case of Miranda, it made it illegal for police officers to fail to read a person his rights upon arrest. These rights included the all important one of citizens having the right to remain silent and not provide incriminating evidence to the police during questioning. Failure to inform citizens of their rights can lead to charges being dropped or cases being dismissed. Certain factors play a role in questioning by the police. For example, a person with limited mental understanding or mental health issues that preclude his ability to answer questions without self incrimination because they do not understand. Some people questioned by the police may not have the intelligence required to make reasonable decisions regarding their own well-being. Some children cannot be questioned without the presence of their parents. Some people end up confession to crimes that they have not committed. Police are allowed to provide false information to gather information from suspects. They can tell lies and trap a person into admitting guilt because they are afraid or intimidated by the police. Some may not understand what they are being charged with and end up confessing to crimes they did not commit. Others can look guilty because their body language can give false leads to the police because of their nervousness. Another reason they confess is they believe the questioning or uncomfortable situation they are in will go away if they go on and confess. They may be overwhelmed with the false information provided by police officers during questioning. Others are easily persuaded or influenced by authority figures like police officers and want to please them and end up confession to crimes they are innocent of. Formal training in how to conduct interrogations are part of the police academy training that should be reinforced periodically for all officers working in the field.