Exclusionary Rule Pros And Cons
The exclusionary rule was primarily …show more content…
Probably the biggest one of those advantages in my opinion is that the exclusionary rule shifts the burden of proof away from the individual. The government and police department are forced to present facts and evidence that would reasonably lead a jury to think that the individual in question committed that crime. (Bradley, 2012) Another big advantage of the exclusionary rule is that the rule helps to defend the constitutional rights, specifically the Fourth Amendment rights, of the individual. The Fourth Amendment protects citizens against that of an unnecessary search and seizure by making police officers find legal ways to obtain evidence against individuals. (Bradley, 2012) In cases prior to the exclusionary rule being enacted, in many instances police officers would obtain evidence illegally, which in turn would result with the individual being convicted.
The exclusionary rule in many cases does hinder the discovery of truth. Over the years, there have been a number of cases where a suspected criminal may have gone free. Police officers may very well know that an individual is guilty but just don’t have the concrete evidence to show that the individual is question has committed the crime. Police officers are forced to ensure that they have their entire basics covered when investigating a potential