Explain due process and the exclusionary rule and the relationship between the two.

Question

What will be an ideal response?

Answer 1

The ideal answer should include:
1. Due process is the rights guaranteed to individuals accused of committing criminal acts. These rights include equal treatment and protection under the law, safeguards against cruel and unusual punishment, the right to trial by jury, the right to a court-appointed attorney if the defendant cannot afford to pay an attorney, and the right to face the persons who have made the accusation.
2. The exclusionary rule demands that any items or evidence gathered during an illegal search of a person's private property be excluded as evidence against the defendant at the time of trial.
3. The relationship between the two is that the exclusionary rule is a due process right. Without protection from arbitrary searches, there cannot be due process right of equal treatment.