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Essay / The Exclusionary Rule: Redefining Criminal Justice...
IntroWell-written procedures, rules, and regulations are the cornerstone of effective policy implementation within the criminal justice system. During the investigative process, evidence collected is subject to policies such as search and seizure, but is nonetheless reviewed by the exclusionary rule prior to legal proceedings. Along with theories of criminal justice, evidence collected must be constitutionally protected, obtained in a lawful and authorized manner, and without violation of due process. Even though crimes and criminal activities exist, the applicability of policies is to ensure accountability for deviant behavior and correct possible escalation within social communities. It is essential that the government addresses such deviant behavior, however, the protection of the accused 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 combat deviant behavior produced by humans. Models such as Crime Control through the Conflict insight suggest that human nature is convinced 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; thus, individual rights guaranteed by policies such as due process ensure that those against whom allegations are made are treated equally and fairly. Although crime and deviant behavior exist within our communities, policies aim to reduce these disorders by following consistent criminal justice frameworks with the goal of protecting individuals accused of crimes. Crime control ... middle of document ... such policies are conceptualized with the aim of protecting the criminal justice process from overzealous use of authority. It appears 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. (February 18, 2014). About Us. Retrieved from Federal Bureau of Prisons: http://www.bop.govOliver, NE (2006). Influences on judicial decision-making. In NE Oliver, The public policy of crime and criminal justice (pp. 371-374). Upper Saddle River, NJ: Prentice Hall. Peak, K. J. (2006). Views. In KJ Peak, Policing America: Methods/Issues/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, New Jersey: Prentice Hall.