Pros And Cons Of The Exclusionary Rule

It is understandable that most would feel the use of the exclusionary rule allows the criminal element to otherwise go free on what would be perceived as a technicality, however, I would argue that the existence of such a rule only assures law enforcement and its designees conducts their investigations in such a fashion that the methods used to collect information and evidence are above reproach, thus the fear of having information be excluded is not a factor in their investigation.
Additionally, it would be highly unlikely that the exclusion of evidence would be to such a degree that a case would allow for a defendant to go free unless sufficient evidence was not available to secure the conviction, to begin with. I would like to believe that, as in my office, there is more than sufficient evidence available to win a case, and that its fate is not dependent on a single source of information or evidence. …show more content…
Likewise, the exclusionary rule mandates that law enforcement / designees assure that the investigations are conducted on a professional level and that suspects and witness information and evidence are handled properly. As Hall states, “without the exclusionary rule, the Bill of Rights is ineffective. Why have constitutional standards if there is no method to enforcement them?”