Exclusionary Rule

Learning Goal: I’m working on a political science question and need a sample draft to help me learn.

Under the Exclusionary Rule, any evidence obtained in violation of the defendant’s 4th Amendment cannot be used in the criminal trial. For example, if a police officer without a warrant or probable cause opens the trunk of a car and finds 10 kilograms of cocaine, this evidence cannot be used to prosecute the driver. The driver is obviously involved in drug trafficking activities, but it would be difficult to get a guilty verdict without the 10 kilograms of cocaine.

What’s your opinion on the Exclusionary Rule? Is it better to let a guilty person go free than to convict an innocent person?

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