The Positives And Negatives About Exclusionary Rule

Exclusionary rule pros and cons, law

positives and negatives about the exclusionary rule

The exclusionary rule was formulated during the case between the Weeks and the U.S. This rule prevents the illegal collection of evidence and their submission to the court. This rule was first applied to the case between Mapp an Ohio in 1961. This rule also makes the illegal seizure of evidence and property a legal offense. If it is proved that evidence was gathered illegally, it can be grounds for rejecting such an evidence that can bring down a case against the party against which such evidence was collected.

Exclusionary Rule Pros and Cons

The exlusionary rule has, over the years proved to be an effective tool against the illegal searches and seizures which could have lead to undue harassment of a person. As a constitutional right, the fourth amendment protects you from such forms of abuse of power. Currently it is the only rule that makes the judiciary capable to check for the illegal searches and captures conducted by the police during the investigation of the crime.

Drawbacks of This Rule

In some cases the exclusionary rule creates some troubles also. Justice Scalia wrote to the Supreme Court about the various problems that are created by this rule. The letter explains that the rule could be seen as having a serious negative effect on the powers of the investigating authority to “investigate”. Having to wait for a warrant could give sufficient time for the perpetrators

Exclusionary rule pros and cons, law

law and order in America

of the time to destroy evidence. Even if the evidence is found illegally, the truth cannot be ignored.

Moreover, sometimes it would very difficult to find evidence against powerful people in the right way. This can help some guilty people to escape from the law and enforcement.

The constitution doesn’t saying anything openly about the exclusionary rule that is the right of the public. Due to this, many have questioned constitutional validity of such a rule. A few politicians have tried to bring about a constitutional amendment to try and circumvent the ruling, but haven’t been successful

Results in Increase in Trial Costs

Because of this rule there is a chance for some evidence to be thrown out, so the prosecutors are required to gather more evidence or atleast try to make the evidence seem leagal. This might result in the delay of the trial and a large increase in the cost of investigation.

Hope you got a good idea about the exclusionary rule pros and cons. Students of law would particularly find this topic useful.