Advantages And Disadvantages Of Exclusionary Rule

what is exclusionary rule

what are the pros and cons of the Exclusionary rule

The exclusionary rule originated from the Supreme Court’s 1914 decision during the trial of Week versus U.S. This was applied for the first time on Mapp versus Ohio case that happened during 1961.

What is exclusionary rule?

This rules states that illegally collected evidences or proofs should not be presented in the court. This rule actually stems from the 4th amendment which protects people against illegal searches. This rule makes sure to prevent prosecuting acts that has been approved as a result of unethically collected evidence. The court also dismisses other evidences brought forward as a result of the primary illegal evidence. Removing the exclusionary rule would therefore not only subject people to unauthorized searches but also prevent investigation agencies from acquiring critical evidences.


what is constitutionality

In defense

The constitutional rights from the Fourth Amendment make it clear that individuals are not allowed to engage in illegal searches and seizures. The exclusionary rule is the only tool with the judiciary to cross check if any illegal evidences were created by the police after a crime incident. This rule can be used as a tool to prevent some being imprisoned as a result of the illegal evidence made.

Searching for the truth

The existence of illegal search cannot be denied. There have been numerous cases reported where the accused or criminal people used the method of illegal evidence to get free as a result of lack of proof during the trial session. Justice Scalia of the Supreme Court stated that the exclusionary rule creates an expensive toll against law enforcement that also leads to substantial social costs.


You might be interested to know that the judiciary did not explicitly or implicitly declare the exclusionary rule. This has leaded to a mass confusion among normal people and some had even questioned the constitutionality about the exclusionary rule. Some conservative politicians are even trying to remove the exclusionary rule out of the courts as it came as a result of a liberal court.

Cost Analysis

Exclusionary rule can also lead to increased cost as a result of plea bargains created due to the delay in trial. This will make the prosecutors to collect large amount of evidence in case if something is missing.

I hope reading this article has put an end to your long term query “what is exclusionary rule.” Thank you for visiting and have a good day!