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- Exclusionary_rule abstract "The exclusionary rule is a legal principle in the United States, under constitutional law, which holds that evidence collected or analyzed in violation of the defendant's constitutional rights is sometimes inadmissible for a criminal prosecution in a court of law. This may be considered an example of a prophylactic rule formulated by the judiciary in order to protect a constitutional right. The exclusionary rule may also, in some circumstances at least, be considered to follow directly from the constitutional language, such as the Fifth Amendment's command that no person "shall be compelled in any criminal case to be a witness against himself" and that no person "shall be deprived of life, liberty or property without due process of law"."The exclusionary rule is grounded in the Fourth Amendment and it is intended to protect citizens from illegal searches and seizures." The exclusionary rule is also designed to provide a remedy and disincentive, which is short of criminal prosecution in response to prosecutors and police who illegally gather evidence in violation of the Fifth Amendment in the Bill of Rights compelled to self-incrimination. The exclusionary rule also applies to violations of the Sixth Amendment, which guarantees the right to counsel.Most states also have their own exclusionary remedies for illegally obtained evidence under their state constitutions and/or statutes, some of which predate the federal constitutional guarantees against unlawful searches and seizures and compelled self-incrimination.This rule is occasionally referred to as a legal technicality because it allows defendants a defense that does not address whether the crime was actually committed. In this respect, it is similar to the explicit rule in the Fifth Amendment protecting people from double jeopardy.In strict cases, when an illegal action is used by police/prosecution to gain any incriminating result, all evidence whose recovery stemmed from the illegal action—this evidence is known as "fruit of the poisonous tree"—can be thrown out from a jury (or be grounds for a mistrial if too much information has been irrevocably revealed).The exclusionary rule applies to all persons within the United States regardless of whether they are citizens, immigrants (legal or illegal), or visitors.".
- Exclusionary_rule wikiPageID "1504970".
- Exclusionary_rule wikiPageRevisionID "605010390".
- Exclusionary_rule hasPhotoCollection Exclusionary_rule.
- Exclusionary_rule subject Category:Evidence_law.
- Exclusionary_rule subject Category:Legal_doctrines_and_principles.
- Exclusionary_rule subject Category:Searches_and_seizures.
- Exclusionary_rule comment "The exclusionary rule is a legal principle in the United States, under constitutional law, which holds that evidence collected or analyzed in violation of the defendant's constitutional rights is sometimes inadmissible for a criminal prosecution in a court of law. This may be considered an example of a prophylactic rule formulated by the judiciary in order to protect a constitutional right.".
- Exclusionary_rule label "Exclusionary rule".
- Exclusionary_rule label "Regla de exclusión (Estados Unidos)".
- Exclusionary_rule label "證據排除法則".
- Exclusionary_rule label "違法収集証拠排除法則".
- Exclusionary_rule sameAs Regla_de_exclusión_(Estados_Unidos).
- Exclusionary_rule sameAs 違法収集証拠排除法則.
- Exclusionary_rule sameAs 위법수집증거배제법칙.
- Exclusionary_rule sameAs m.056jmn.
- Exclusionary_rule sameAs Q3243198.
- Exclusionary_rule sameAs Q3243198.
- Exclusionary_rule wasDerivedFrom Exclusionary_rule?oldid=605010390.
- Exclusionary_rule isPrimaryTopicOf Exclusionary_rule.