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11 January, 16:26

The purpose of the exclusionary rule is to deter police misconduct. Critics, however, say the exclusionary rule has failed to achieve that purpose. Do you agree? Why?

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  1. 11 January, 16:30
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    Answer: I agree that the exclusionary rule has failed to deter police misconduct.

    Explanation:

    The purpose of the exclusionary rule is to prevent law enforcement officers from conducting searches or seizures which breaches the Fourth Amendment and provide amendment to defendants whom their rights have been infringed.

    I agree with critics who believe that the rule has failed to achieve its aim. Even though the rule can turn a tedious case into an easy one through the exclusion of crucial pieces of evidence, when they were collated in an unreasonable search or seizure which violates the Fourth Amendment, its influence is limited to that particular case. When the evidence is eventually thrown out, the police officer who breached one's civil rights is unaffected and most times might not even be aware that what they did violated one's right. Hence, the police officer can violate another person because there is no penalty or repercussion for violating your constitutional right. Using the exclusionary rule does not prevent the police from going back out and violating someone else's rights, therefore the rule fails to properly address the issue of misconduct by law enforcement officers and unreasonable searches.
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