Question
The exclusionary rule is a divisive concept. On the one hand, allowing illegally obtained evidence into the courtroom makes judges complicit in the illegal action.
The exclusionary rule is a divisive concept. On the one hand, allowing illegally obtained evidence into the courtroom makes judges complicit in the illegal action. On the other hand, a trial is supposed to be the search for truth, and keeping reliable evidence out of the courtroom necessarily thwarts that search for truth. Or, as Justice Cardozo said before joining the U.S. Supreme Court, "the criminal goes free because the constable blundered." Discuss the pros and cons of the exclusionary rule. Why should the exclusionary rule be expanded and remain the same.
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