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Posted on March 26th, 2012, by

Traditionally, the exclusionary rule is applied to regulate the introduction and suppression of evidence in the course of the court trial. In this respect, it is worth mentioning the fact that the use of the exclusionary rule affects consistently the process of the introduction or suppression of evidence because judges can apply or deny the exclusionary rule respectively to the environment and context in which evidence is introduced. On the other hand, judges can be very carefully while applying the exclusionary rule because it is possible to determine the outcome of the entire trial through introduction or suppression of evidence. In such a way, the exclusionary rule is an essential element of a court trial that can be used by judges respectively to the law.

First of all, it is important to place emphasis on the fact that the use of the exclusionary rule depends on the context in which evidence is obtained because there are numerous regulations which identify clearly cases when evidence cannot be introduced into the trial. In fact, if evidence is obtained illegally than it should be suppressed by the judge.

In this regard, the judge should take into consideration existing regulations and legal norms concerning search and seizure practices, including the 4th Amendment to the US Constitution, which protects the privacy right of citizens.

In fact, if the evidence being introduced into the trial meet the existing legal requirements concerning the procedure of obtaining evidence, than the judge should introduce the evidence into the trial.

On the other hand, it is obvious that, if some legal norms or procedures have been violated in the course of the search and seizure and in the course of obtaining the evidence, then the evidence should be suppressed by the judge and it cannot be introduced into the trial. Evidence obtained illegally leads to the violation of rights and liberties of individuals to the extent that innocent people can suffer from actions of law enforcement agencies, if their representatives manipulate with evidence and violate the procedure of their obtaining. Basically, the exclusionary law serves to protect rights and liberties of people, in case of the use of the illegal ways of obtaining evidence in the course of investigation of a case as well as in the course of the court trial.

At the same time, it is obvious that exclusionary rule aims not only at the suppression of evidence but also on the introduction of evidence. The point is that the exclusionary rule provides the judge with the opportunity to weigh the evidence, the context in which the evidence was obtained, the extent to which the procedure of obtaining the evidence meets the existing legal and Constitutional norms, and other factors to take a decision whether to introduce the evidence or to suppress the evidence. In such a way, the judge can regulate and control the court trial preventing it from the violation of existing legal norms and procedures.

Thus, taking into account all above mentioned, it is important to place emphasis on the fact that the court trial is an extremely important process, where evidence can play the crucial role. Therefore, judges should come prepared to the adequate application of the exclusionary rule to introduce or to suppress evidence depending on the manner in which the evidence was obtained.

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