Tuesday, February 4, 2020

Weeks v. United States Essay Example | Topics and Well Written Essays - 500 words

Weeks v. United States - Essay Example The police had entered his house without a warrant and searched through his personal property. Finding objects, namely papers, that they felt would lead to a conviction, they confiscated the personal property of Weeks, later using it against him during the trial. The evidence that the police had obtained proved vital in leading to a conviction. However, Weeks, in a stand for his rights filed a complaint, bringing to light this violation. The case reached the Supreme Court, who decided that Weeks’ rights had indeed been violated by the illegal search and seizure of his property and that the resulting decision should be reversed (Weeks vs. U.S., 1914). Now there are many who would argue on behalf of the exclusionary rule. For example, the exclusionary rule has often been considered a candidate for abolishment but it has been argued that â€Å"the drive to abolish the exclusionary rule is fundamentally misguided on constitutional grounds, for the rule can and should be justified on separation of power principals, which conservatives generally support† (Lynch, 1998). However, the constitution was established to uphold principals that the founding fathers believed were important to the country. No doubt, they did not envision a place where the truth could be suppressed and criminals could get away with crimes due to issues of ‘red tape’. The exclusionary rule has the ability to suppress the truth. In fact, this rule is not actually contained in the constitution but is said to be derived from the constitution. As it has been reported, â€Å"the justices who announced the rule viewed it is as judicially implied but constitutionally mandated† (Seligman, 2010). However, what is brought forth through implication is subject to perception, and so arguable. Any instance where those proven guilty beyond a doubt can get away is an issue that needs to be examined and reformed. Otherwise, the law can become meaningless and void; its powers without effect. In

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