Arguments Against The Exclusionary Rule

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The exclusionary rule, as applied today, states that any evidence that was found using an unconstitutional method is also unconstitutional; therefore, inadmissible in court. This is because criminal proceedings are to be fair and impartial (i.e. “reason and truth”). I agree, by allowing the exclusionary rule into proceedings, the rights of the defendants are protected. Although the defendants may be guilty, there has to be a system in which the police should also be held accountable for the way they proceed in practice. The criminal proceeding is adversarial with the ultimate goal for both sides being to let the evidence and circumstances prove the truth; therefore, the way the evidence is gather should be a critical element towards a conviction. …show more content…

A system that does not establish guidelines and follows the constitutional provisions is a system that is more susceptible to corruption. As in the case of Mapp v. Ohio, the evidence would not have been held inadmissible in accordance to the exclusionary rule if the police would have taken the time get a warrant stating where to search and for what specific person or objects (warrant was not presented during trial) and the police should have communicated and cooperated with the defendant’s attorney. It may not be reasonable to let a guilty individual go free, but it is also not reasonable to violate constitutional rights. The fault of the release would then fall on the improper procedures of the officers, not the

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