The exclusionary rule is like a safeguard or individual constitutional right
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May 10, 2024
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The exclusionary rule is like a safeguard or individual constitutional right's shield to
prevent the government from benefiting from illegal or unconstitutional actions. For
instance, if evidence is found to have been obtained in violation of a person's Fourth
Amendment rights, it is deemed "fruit of the poisonous tree" and is excluded from being
used as evidence in court. It is essential to remember that the fruit of the poisonous tree is
an extended doctrine of the exclusionary rule. In turn, it serves as a legal principle stating
that evidence derived from illegal sources of evidence is considered unlawful and tainted.
Explaining further the term mentioned above, "fruit of the poisonous tree," this term is a
metaphor suggesting that if the original evidence is like a poisonous tree, then any
evidence that comes or grows from it; that is to say, the "fruit" it is rotten and therefore
inadmissible to the court Corner Law School (2022). Moreover, this practice can be seen
in MAPP v. OHIO, 367 U.S. 643 (1961). However, exceptions to the exclusionary rule,
such as the "good faith" exception, allow for illegally obtained evidence if the police
officers acted in good faith and reasonably believed their actions were lawful, Find Law
(2024).
Corner Law School (2022). Legal Information Institute: Fruit of the Poisonous Tree
https://www.law.cornell.edu/wex/fruit_of_the_poisonous_tree
Find
Law
(2024).
MAPP
v.
OHIO,
367
U.S.
643
(1961)
https://caselaw.findlaw.com/court/us-supreme-court/367/643.html
Hi Jenna, thank you for your valuable feedback. I truly appreciate it.
In addition to your insightful observation about how Dripp's model and
restorative justice can contribute to rehabilitation efforts within the justice
system, I also like the emphasis these approaches place on individual rights.
For example, Dripp's model considers factors such as the defendant's
criminal history and personal characteristics when determining an
appropriate sentence. By doing so, the model recognizes the potential for
rehabilitation and allows for individualized sentencing. This means that
defendants who genuinely demonstrate a willingness to change and engage
in rehabilitation programs may receive more lenient sentences that focus on
rehabilitation rather than solely punishment, Dripps (2001).
Regarding your thoughts on forgiveness, it is important to remember that
forgiveness is a personal and complex journey. While scriptures like Matthew
6:14 remind us of the importance of forgiving others as God forgives us, it is
also essential to acknowledge that not everyone may choose or be able to
forgive. In restorative justice, forgiveness is a voluntary and personal
decision made by the victim, which allows for the possibility of repairing
harm and restoring relationships between the victim, offender, and
community.
To sum up, forgiveness in restorative justice also involves the victim
acknowledging the harm caused by the offender and choosing to let go of
resentment and the desire for revenge. However, it is of vital importance to
understand that forgiveness in restorative justice is not about condoning or
forgetting the offense but rather about seeking understanding, empathy, and
healing. The ability to forgive depends on an individual's unique experiences
and circumstances. However, we as Christians must stick to the forgiveness
rule, which is the will of God, if salvation is part of our goal Dripps, D. (2001). The case for the contingent exclusionary rule. The American Criminal Law Review, 38(1), 1-46. https://go.openathens.net/redirector/liberty.edu?url=https://www.proqu
est.com/scholarly-journals/case-contingent-exclusionary-rule/docview/
230343385/se-2
New International Version (2011). Bible Gateway. (Original work published 1973) https://www.biblegateway.com/passage/?search=Matthew
%206%3A14-15
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