The exclusionary rule is law derived from the constitution. The rule states that evidence that is obtained or that has been examined for the purpose of being interpreted in violation of the individual’s constitutional rights is to be considered inadmissible for the prosecution of crime. Is was created to act as a deterrent to misconduct by the police who disregard what the law states to get convictions. There are negative implications brought on by the exclusionary rule. These include:
Release Of Guilty Defendants
Some criminals avoid conviction because the exclusionary rule makes any evidence that was obtained without the warrant of search being issued inadmissible. Therefore, the criminal offenders who can’t be searched for incriminating evidence get away with committing offenses.
Promotion Of Police Misconduct
The exclusionary rule has facilitated police misconduct through encouraging them to be deceptive to get an offender convicted. If the officer does an illegal search and finds evidence that can be used to incriminate the guilty individual, they can make a false accusation claiming the offender broke the law, for instance, overspeeding while driving, which would have given them cause to interrogate the individual. The evidence would then be brought up to having been in plain sight and possession by the offender. The wrongful change of testimony is only intended to follow the rules of conviction procedure.
Its Sole Application To Criminal Cases
The exclusionary rule is limited to use as a principle of criminal law as it is only a derivative of the constitution. Matters that are civil in nature are not protected in the same way.
It Is Not Cost-Effective
The criminal justice system is faced with additional costs of facilitating implementation of law. The regulations that have been added when dealing with the offenders consequently add costs to the process. Taxpayers are forced to cater for these additional monetary requirements. The funds could be directed to other critical areas of law enforcement but instead get used up in the criminal law department.
It Is Not Time Effective
The exclusionary rule wastes plenty of time in the facilitation of law enforcement. Time taken for the police to get a warrant for a search of the offender’s property after having enough probable cause to do so would have been used to curb other offenses. This may lead to the destruction of evidence because the offender has sufficient time to get rid of the information that could be used to tie them to the offense.