Pros and Cons of the Exception to the Exclusionary Rule Essay

Pros and Cons of the Exception to the Exclusionary Rule Essay

The current essay aims to discuss the pros and cons of the exception to the Exclusionary Rule. According to Stephen Taman (Taman 2012), the exception to the Exclusionary Rule “allows evidence collected in violation of privacy rights to be admitted at trial in case if police officers act in good faith”. It means that some basic civil rights guaranteed by the Constitution could be violated as a result of the exception. Needless to say, that many people criticize such a rule due to the potential negative outcomes. The basic cons of the exception are connected with the potential misconduct of the police officers. Thus, Exclusionary Rule protects the U.S. citizens from the unlawful searches. Tracey Maclin states that Exclusionary Rule is useful for the protection of the innocent people. For instance, it is impossible for the officials to toss or falsify the evidence. Finally, the opponents of the exception state that the fair trial is only possible in accordance with the Exclusionary Rule. Thus, almost all of the cons are based on the fear that the governmental representatives could misuse their power.

On the other hand, the supporters of the exception state that the Exclusionary Rule is very dangerous for the functioning of the police. It means that it is easier for the criminals to escape punishment with the help of the legal tricks. Simultaneously, it is crucial to seize evidence in specific cases. Walter Signorelli (Signorelli 2016) discusses the example of the marijuana field. It is rational for the police to prevent all other people from the access to the marijuana field possibly belonging to a suspect in order to guarantee the safety of the community. In such case, the violation of the rights is beneficial for the peaceful life of the American citizens.

It is possible to conclude that the debates regarding the exception are still actual in the current media environment. My personal opinion regarding the exception is that it is better to give an opportunity for the police officers to seize evidence on the basis of the good faith. At the same time, the government needs to control the reasonableness of such activities to guarantee the protection of the citizen’s rights.

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References

Maclin, Tracey. (2011). The Supreme Court and the Fourth Amendment’s Exclusionary Rule. Oxford University Press. 416.

Signorelli, Walter. (2016). The Constable Has Blundered: The Exclusionary Rule, Crime, and Corruption. Carolina Academic Press. 292.

Thaman, Stephen. (2012). Exclusionary Rules in Comparative Law. Springer Publishing. 456.