Topic > The Exclusionary Rule: Redefining Criminal Justice...

Intro Well-written procedures, rules, and regulations provide the cornerstone for effectively implementing policies within the criminal justice system. During the investigative process, evidence collected is subject to policies such as search and seizure, but examined by the exclusionary rule prior to prosecution. In conjunction with criminal justice theories, evidence collected must be constitutionally protected, obtained in a lawful and authorized manner, and without violations of due process. Although crimes and criminal activities occur, the applicability of policies is to ensure accountability for deviant behaviors and to correct potential escalation within social communities. It is essential that the government addresses such deviant behavior, however, equally important is the protection of the accused which must also become a priority when investigating criminal cases. Theoretical Functions Throughout the history of law enforcement in the United States, theories have been explored and implemented as policies to address deviant behaviors produced by humans. Models such as crime control through the perception of conflict suggest that human nature is persuaded by social opportunities and considered a fundamental aspect of social life (Schmalleger, 2009, p. 347). However, social unrest must be addressed with cordial and civil procedural fairness; therefore, individual rights guaranteed by policies such as Due Process ensure that individuals under indictment are treated fairly and justly. While crime and deviant behavior exist in our communities, policies aim to reduce such disorders by following cohesive criminal justice frameworks with the intent of protecting individuals accused of crimes. Crime Cons…half of paper…such policies are conceptualized as attempting to protect the criminal justice process from excessive use of authority. It would appear that policies and laws regulate more than criminal behavior. Works CitedBack, P. (2013, January 1). Redefining the criminal justice system. Ebsco Host, pp. 8-14.BOP. (2014, February 18). Who we are. Retrieved from Federal Bureau of Prisons: http://www.bop.govOliver, N.E. (2006). Influences on judicial decision making. In N. E. Oliver, The public policy of crime and criminal justice (pp. 371-374). Upper Saddle River, NJ: Prentice Hall.Peak, K. J. (2006). Views. In K. J. Peak, Policing America: Methods/Problems/Challenges (p. 263). Upper Saddle River, NJ: Prentice Hall.Schmalleger, F. (2009). The perspective of conflict. In F. Schmalleger, Criminology: An integrative introduction (p. 347). Upper Saddle River, NJ: Prentice Hall.