Exclusionary Rule-part 2

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Exclusionary Rule-part 2

by divi » Thu Aug 07, 2008 5:53 am
Can anyone help me with the correct answer and explanations (for elimination of each option)? To me, 2-3 options seem to fit the bill...

Although its purpose is laudable, the exclusionary rule, which forbids a court to consider evidence seized in violation of the defendant’s constitutional rights, has unduly hampered law-enforcement efforts. Even when the rights violation was a minor or purely technical one, turning on a detail of procedure rather than on the abrogation of some fundamental liberty, and even when it has been clear that the police officers were acting in good faith, the evidence obtained has been considered tainted under this rule and may not even by introduced. In consequence, defendants who were undoubtedly guilty have been set free, perhaps to steal, rape, or murder again.

It can be inferred from the passage that the author would most likely endorse which of the following proposals?
(A) Change of the exclusionary rule to admit evidence obtained by police officers acting in good faith
(B) A constitutional amendment curtailing some of the protections traditionally afforded those accused of a crime
(C) A statute limiting the application of the exclusionary rule to cases involving minor criminal offenses
(D) Change of the exclusionary rule to allow any evidence, no matter how obtained, to be introduced in court
(E) A constitutional amendment allowing police officers to obtain vital evidence by any means necessary when in pursuit of a known criminal
Source: — Critical Reasoning |

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by Vignesh.4384 » Thu Aug 07, 2008 7:30 am
IMO A.

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by divi » Thu Aug 07, 2008 6:47 pm
How did C and E get eliminated? I think the author will support even those proposals.....

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by Vignesh.4384 » Thu Aug 07, 2008 7:46 pm
Hi Divi,

(C) A statute limiting the application of the exclusionary rule to cases involving minor criminal offenses -----> Where in the passeage does the author talk about minor crimes? The author is talking about all crime in general ..

(E) A constitutional amendment allowing police officers to obtain vital evidence by any means necessary when in pursuit of a known criminal
---> This option goes too far. The author is not telling that police officers can get info by any means . When u use the word "ANY".. does it mean the police officers can beat the serson and get hold of evidence .. that is not what the author is trying 2 say ..


Whats the OA anyway ?

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by NSNguyen » Fri Aug 15, 2008 11:53 pm
IMO: A
B, C, Irrelevance
D, contradict
E too specific
Please share your idea and your reasoning :D
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by gennatay » Sun Aug 17, 2008 2:40 pm
IMO B

A - How can you prove it was in good faith? Also what if it was a minor or purley technical mistake

B - an amendment to this rule would lessen the chance that evidence will be thrown out.

C - only talks about minor crimes

D - too extreme

E - too extreme

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by California4jx » Tue Aug 19, 2008 1:31 pm
Go with A since author is ironic in conclusion

A: change in exclusionary rule, with police good faith
C: never mentioned minor cimes
and E: too extreme

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by kris77 » Thu May 12, 2016 12:37 pm
I think A is the right answer here.