Evidentiary Value of Exclusionary Rule and itsException Good Faith Doctrine

Authors

  • Rana Shahzad Khalid Director Legal Studies Superior Law College, Ph. D Scholar (University of Kansas) Author
  • Kiran Nisar Lecturer, Khyber Law College University of Peshawar Author
  • Maryam Qasim Assistant Professor, Shaheed Benazir Bhutto University Sheringal, Dir Upper Author

Keywords:

Exclusionary Rule, Evidentiary value, Evidence, inadmissibility, in violation, Fundamental Rights, Good Faith

Abstract

The Exclusionary Rule, a judge-made principle in the U.S. legal system, 
was established by the Supreme Court to prevent the admission of evidence obtained in violation of a suspect’s constitutional rights. This rule ensures that evidence gathered through unlawful means, such as illegal searches or seizures, cannot be used in court. While rooted in English Common Law, the U.S. Supreme Court has structured it more formally to safeguard individual rights. In Pakistan, similar constitutional protections for theaccused are recognized, prohibiting the use of illegally obtained evidence in trials. However, an important exception to this rule is the "Good Faith Doctrine." This doctrine allows evidence to be admitted if law enforcement officials acted with a genuine belief that their actions were lawful, even if it later turns out they were mistaken. The “Good Faith Doctrine” thus serves as an exception to the “Exclusionary Rule”, balancing the protection of individual rights with practical law enforcement considerations. The coexistence of these rules reflects a judicial effort to uphold justice while ensuring that the rights of the accused are not compromised

Downloads

Download data is not yet available.

Downloads

Published

2024-06-30