Why the Exclusionary Rule Should Not Be Abolished Essay Example
Several years ago, a driver named Leonardo Turriago and two of his companions were arrested by New York state troopers upon discovering sliced body parts stored in boxes piled under his trunk.
Those troopers who accidentally found the dead body were actually hunters of illegal firearms. After the investigators found that they had no evidence that a crime had occurred and that the search was unreasonable, Turriago and his companions were released and were never convicted.The exclusionary rule is about discounting evidences acquired during “unreasonable searches and seizures” by government authorities guided by the provisions of the Fourth, Fifth, or Sixth Amendment of the U.S. Constitution.
For some people, releasing obviously guilty defendants such as Turriago really seems unfair and unjust; but for the supporters of the exclusionary rule, it is not. I believe that the exclusionary rule should n
...ot be abolished because it acts as a deterrent against police wrongdoings, intensifies public safety and promotes public commitment to constitutional values, especially the society’s concern or awareness of their right to due process.Exclusionary rule deters police misconduct. Abusive behavior of police officers (i.e. none issuance of warrant of arrests) was greatly diminished upon implementation of the rule.
For example, the Cincinnati local police officers usually had zero to seven warrants issued in an annual basis before the so-called exclusionary rule was implemented. When the Courts adopted the rule, after the Mapp v. Ohio landmark case, the figure rose from zero to seven to 89 to 113 number of warrants issued on average.While the supporters of anti-‘exclusion rule’ argues that “countless” criminals guilty of misconduct were released because of the exclusionary rule, it did not approximate th
actual figures. One researcher studied 7,500 cases recorded in three states and found out that only 40 defendants were released because of lack of evidence. Moreover, a survey of almost 3,000 cases revealed that only 1.
3 percent of the total resorted to suppression of evidences as acquired through violations of the Fourth Amendment. This negates the claims of supporters of the motion to abolish the exclusion rule.Finally, the exclusion rule can be justified through the belief in the constitution and the right to due process. According to Robert Bauman (1995), the exclusion rule strengthens the foundations of the U.S.
Constitution, beginning from the Fourth Amendment. Without the exclusion rule, police officers can violate the provisions of the fourth amendment and even tolerate “illegal and unconstitutional” conduct. Furthermore, the probability of denying the right to due process will probably be much higher.
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