The Exclusionary Rule in the United States

I thank whoever accepts this debate. I started it a few weeks ago but was forced to cancel because I went on vacation. I intend to debate it seriously now. The exclusionary rule is a highly contentious issue in the American judicial system. For those of you who may be unfamiliar with the exclusionary rule, the exclusionary rule is the rule that states that illegally obtained evidence may not be used in a trial, even if it may have led to a defendant's conviction. The rule has been consistently interpreted and re-interpreted by the Supreme Court. In "Wolf v. Colorado" (1949), the court held that the states did not have to apply the rule. However, this ruling was explicitly overruled in landmark case "Mapp v. Ohio" (1961), which incorporated the rule to the states (1). Since then, the court has created a "good faith exception" to the exclusionary rule, which allows evidence to be used in a trial if it was found "in good faith". The exception was found in "Leon v. United States" (1984) (2). Anyway, I am arguing in favor of the exclusionary rule, as opposed to its alternative, which is to allow illegal evidence in a trial, and then punish officers who found illegal evidence separatly. The exclusionary rule is a more effective way of maximizing a defendant's constitutional liberties. Contention 1: The exclusionary rule destroys all incentive for police officers to obtain illegal evidence. The exclusionary rule prohibits evidence that is found against a defendant's constituional rights. As such, a police officer is wasting his time if he makes any attempt to violate a defendant's rights in a search for evidence. Even under a system where police officer's are punished for violating a defendant's rights, policemen desperate for a conviction may risk an illegal search. The exclusionary rule is the most effective way to eliminate any such misconduct. Contention 2: The exclusionary rule (as opposed to the other method) has the most respect for the constituional rights. The constitution of the United States is largely based on rights. As Jefferson famously writes in the declaration of independence: "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness." (3). Amendment IV of the Bill of Rights garauantees that "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." (4). The alternative to the exclusionary rule allows someones to be "deprived of life, liberty, or property" without full respect for those rights supposedly garauanteed in the Constitution. Choosing the alternative to the exclusionary rule allows someone to be poisoned by the "Fruit of the Poisonous Tree" (5). To ignore the exclusionary rule is to ignore those individual liberties promised by the "the Supreme law of the land" (6). The exclusionary rule is the best way to respect these rights. Anyway, that's all I've got for the time being, but I'm sure that I'll have plenty more to say when someone accepts this. Thanks to whoever accepts. Sources: (1) http://en.wikipedia.org... (2) http://en.wikipedia.org... (3) http://www.ushistory.org... (4) http://www.law.cornell.edu... (5) http://en.wikipedia.org... (6) http://www.law.cornell.edu...