Exclusionary Rule Pros and Cons List

The exclusionary rule has been around since 1914. It has to do with how proof that has been unlawfully gathered may not be permitted inside of a court of law. It was first used in Ohio vs. Mapp in 1961. The rule has been utilized primarily to ensure lawyers and police officers are not gathering proof or evidence unlawfully.

List of Pros of Exclusionary Rule

Many people are pro for keeping the exclusionary rule in place because it protects the constitution and the amendments that have been made.

1. Defense
In the Fourth Amendment, people are given rights that protect against illegal seizures as well as searches. If the exclusionary rule were to go away, then people would be constantly dealing with illegal searches and this is a direct violation of their rights as an American citizen.

2. Restricts Presentation
The presentation of material to the courts is regulated based upon the exclusionary rule. This means that it cannot be presented to the jury if it was obtained in a wrong or illegal way so that the jury does not have the opportunity to view the information and therefore take it into consideration when they make a decision.

3. The Reality
There have been many guilty people who have walked free as a result of the exclusionary rule because of the way the information/proof was obtained. This has caused many people to state that the rule takes a costly toll on the way law enforcement is able to do their job. This also has negative social ramifications because people know the rule is in place and use it to their advantage when committing a crime.

List of Cons of Exclusionary Rule

Many people say that the rule needs to go away because it is against the constitution and it is an expensive way to hold a trial.

1. Constitution
There is no implicit or explicit way that the constitution states the regulation. There are many people who are looking to get rid of the rule within the courtrooms because of the constant question of whether it is constitutional or not.

2. Cost Analysis
It can be expensive for prosecutors and lawyers to gather a considerable amount of proof in the event that some of it is taken away as a result of the exclusionary rule This can delay the process of trials, where some of them take a year or longer to determine who is guilty.

3. Defendant Can Take Benefit
The defendant can use the exclusionary rule to their benefit as a way of helping their case. Even if the evidence is against them and would otherwise prove that they are guilty, if it has been obtained in an illegal way, it is dismissed.