Exclusionary Rule: Arguments Against Prohibition

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Exclusionary Rule: Arguments against Prohibition The exclusionary rule should not be banned. There are several reasons to support this claim. One reason is that constitutional rights are important in the criminal justice system. Indeed, it may be said that “the system itself is based upon the need to uphold the constitutional rights of individuals” (Atkins & Rubin, 2003, p. 173). In other words, the violation of the rights is precisely the reason why there are criminal cases in the first place. If the exclusionary rule is banned, it is as if the criminal justice system only respects constitutional rights if it is favorable for the prosecution of cases. This selective upholding of constitutional rights should not be the case. If constitutional rights are to have their effect, they should apply to all individuals, especially those that are similarly situated. Otherwise, there will be discrimination that is based on the arbitrary or whimsical assumption that rights shall only apply whenever the…show more content…
Consider the situation where a suspect is placed under surveillance without the suspect’s knowledge. Specifically, authorities may wiretap the suspect’s phone conversations. If the suspect eventually turns out to be innocent of any charges, the effect is that the privacy of the person has been unjustly invaded in the name of an erroneous assumption. In essence, the situation illustrates why constitutional rights should not be relegated to a status lower than the exclusionary rule. By treating constitutional rights such as the right to privacy and the right to be secure in one’s person as secondary to the prohibition of the exclusionary rule, the danger is that “investigations may end up in false positives” (Savage, 2009, p. 20). Indeed, it is not good for society to send innocent individuals to jail precisely because it defeats the very rational for having a criminal justice
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