Response 3 612 | Criminal homework help


100 word response 1 intext citation/reference


The Exclusionary Rule, while playing its role of constraining misconduct from law enforcers, has faced a lot of criticism because of its role in acquitting individuals who are guilty of criminal activities of having in possession contraband items. An argument against the rule is that it needs to be amended rather than abolished so that there is a balance between protecting the rights of people under the Constitution and ensuring justice is met (D’Onfro & Epps, 2022). Courts in this case could ensure they consider issues such as willfulness of violation, alternative remedies to solving the crime, and the severity of the crime committed. A nuanced approach could be taken while admitting evidence to ensure the accountability of law enforcers.

If the Exclusionary Rule is abolished, alternative mechanisms such as increasing civil liability for law officials and the departments they fall in, more vigorous scrutiny of the judicial during trial proceedings, and more disciplinary measures imparted on the law enforcement officers to ensure they follow the Fourth Amendment and face penalty for any violations. In addition to those alternatives, law enforcement officers should be accorded proper training on constitutional rights to ensure they uphold constitutional principles and that they admit reliable evidence in their pursuit of justice.

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