The Exclusionary Rule in the United States

Contention 1: Disincentive for Misconduct A. Unless my opponent can actually prove that the exclusionary rule reduces unwarranted searches and seizures, the exclusionary rule has no advantage over the inclusionary rule since it no more adequately protects people's rights. The law alone is a powerful deterrent. B. The 'good faith' exception, while an improvement, is still flawed. There could easily be unforeseen side effects not accounted for by the good faith exception. It is also worth noting that my opponent has muddied the line between the exclusion of evidence and the punishment of policemen: at least from my opponent's perspective, it seems that it would be better in the case of 'good faith' to not punish the officers, but still not use the evidence in court. C. My opponent has given no citation as to the reliability of the exclusionary rule, and yet he continues to rely upon it. By not citing the effectiveness of the exclusionary rule, many of his claims are unfounded and he has failed to meet his burden of proof. D. The page my opponent cites (. http://law.jrank.org...) does claim that there was an increase in the number of search warrants. First and foremost, this page itself does not provide any citations. But also importantly, it does not explain why this matters. It claims that police had no incentive to obtain a warrant, but this is false: lawful punishment itself is an incentive. "My final sentence in the last round was simply an example to try and show that conventional punishment is not an absolute detterent. " And that in no way invalidates my response. ======== Contention 2: Respect for Constitutional Rights A. My opponent cites the Constitution, as though it is evidence. In America it is a very important document, but at the same time it is not perfect. It has been amended over two dozen times, and will continue to be. My opponent cannot rightfully cite the Constitution as evidence without any further logical or empirical support. This is really nothing but an appeal to authority. But at the same time, my opponent contradicts himself. He says that we are "innocent until proven guilty"; but a person is not proven guilty before a warrant is obtained. By my opponent's logic, even a warranted search is a break of the fourth amendment since the person in question has not yet been proven guilty and so still retains full rights. This point not only contradicts itself, but also contradicts many other points that my opponent has made. B. My opponent has ignored my argument, and has instead only argued an irrelevant point with an appeal to popularity. In this case, the difference between "essential" and "core" is inconsequential. My opponent asserts that "protection of an individual's rights and privacy" is also a purpose of the exclusionary rule; but he has yet failed to prove why the exclusionary rule works any better than lawful punishment. C. My original point was that the exclusionary rule does not "fully respect an individual's rights" since it is not perfect. My opponent has conceded his point that the exclusionary rule and only the exclusionary rule fully respects an individual's rights. D. This is an unfounded assumption based on an inapplicable analogy. E. If we cannot sacrifice any rights, then why is it that we allow police to police us? Why are we not allowed to scream "Fire! " in a crowded theater? While constitutional rights are very important, they are not always applicable. In order to prosecute known criminals and thus ensure that personal life, liberty, and property is preserved, it may be necessary to sacrifice some relatively minor personal freedoms. While the exclusionary rule has not led to massive increases of murder or burglary, it has led to the release of hundreds of thousands of known criminals, thus jeopardizing the rights of citizens. F. My opponent's claim is utterly ridiculous. He asserts that without the exclusionary rule, the fourth amendment is being "ignored". This is not so. Police who break into your home receive the exact same consequences that burglars do, and no less. And yet my opponent would have us fear police but not burglars. Is the fourth amendment being "ignored" when a burglar breaks into my home and the government doesn't immediately stop him before he can even touch anything? I think not. ======== My opponent's claims are either unsupported or absurd. He has failed to meet his burden of proof. I have provided more than enough explanation as to the possibility of a fair, inclusionary world.