Final Essays - Section D Question numbers: 1 and 2 Question...

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Section D Question numbers: 1 and 2
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Question 1 I agree with the statement that the time has come for the U.S. Supreme Court to abandon altogether its rather outmoded belief that the exclusionary rule is a necessary part of the Fourth Amendment. The exclusionary rule undermines the public’s trust in the court system and creates large social costs by allowing guilty criminals to be set free. Thus, the exclusionary rule should no longer be used in our courts. In cases in which the Supreme Court exercises the exclusionary rule, and the accused is clearly guilty if the evidence is allowed, the general public is left as the victim. A great example of this is Johnson v. United States. Despite an informant and clear evidence of drug use, the court suppresses the evidence in the case. The direct result of this ruling is a drug user back on the streets even though they were caught red handed. The court has ignored its public obligation to impose justice for crimes committed in our society. When the court uses the exclusionary rule in cases like this the general public’s wellbeing is put aside in favor of a criminal being set free. Citizens of this country look to the courts to impose justice for crimes that are committed. When the Supreme Court uses the exclusionary rule to suppress evidence which proves someone’s guilt the citizens of this country are left wondering who will be there to punish criminals. While the use of the exclusionary rule diminishes the public’s belief in justice being served, it also creates a burden of social costs which are carried by the general population. Whenever a guilty individual is left on the streets it is the citizens who must deal with the consequences. In communities where drug use is a problem, this means another drug user or drug dealer back on the streets. In areas of high burglary this means another criminal around to case a local business or home. The more criminals you put on the streets the greater potential for future crimes, which will effect the populations’ quality of life. And when one individual is set free it helps to create a belief of invincibility among the criminal population. When a drug dealer sees a
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This note was uploaded on 04/07/2008 for the course MGMT 200 taught by Professor Gautschi during the Fall '07 term at University of Washington.

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Final Essays - Section D Question numbers: 1 and 2 Question...

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