Author Question: The exclusionary rule is judge-made. Should judges have such power? Why? What will be an ideal ... (Read 60 times)

yoroshambo · **on:** Aug 16, 2018

The exclusionary rule is judge-made. Should judges have such power? Why?

What will be an ideal response?

Question 2

Discuss two reasons why the exclusionary rule may not deter police misconduct. Give an example of each.

What will be an ideal response?

jasonq · **Reply #1 on:** Aug 16, 2018

Answer to Question 1

Judges should have such power. The Constitution was written in general terms over
two hundred years ago. The Court should have power to define the historical terms
in the Constitution in today's language, with the increase in education and technology,
and the increased ability to travel across the country.

Answer to Question 2

Two reasons why the exclusionary rule may not deter police misconduct are (1)
since a great majority of criminal cases result in plea bargain, the exclusionary rule is
not invoked and (2) the officer may truly believe his actions are valid. For example,
most driving while intoxicated misdemeanor cases are plea bargained, thus the
exclusionary rule is not invoked to enforce a defendant's constitutional rights in such
cases. Officers may believe they have acted correctly, but they are not aware of a
recent case that makes their actions improper.