Exclusionary rule Essay Example for Free

Exclusionary rule Essay The exclusionary rule is one that continues to stir up conflicting opinions not only between political parties, but also among the members of the judicial machinery and scholarly community. Professor Yale Kamisar argues that the exclusionary rule which exempts illegally solicited evidence from being used in court is the cornerstone to protecting innocent citizens’ civil right, since it would discourage the police from using morally questionable methods to gather evidence. Judge Guido Calabresi, on the other hand, feels that the said rule serves as a loophole for criminals to get away scot-free (2003, pg. 112). He also acknowledges the fact the police officials often have concealed or twisted facts to escape from the exclusionary rule. However, he suggests that direct action or tort suits maybe pursued against police officers that wrongfully gather evidence. Kamisar feels that these alternative remedies are often ineffective since the jury process is not very transparent and clear. We have witnessed government agencies including the police force almost assuming absolute authority, as the pressure to enforce homeland security has gradually increased. The law of search and seizure is broadening by the day, as new court judgments push the boundaries of conducting a search. Hence, the police are almost free to conduct a search based on â€Å"reasonable suspicion† which is quite a subjective term. Thus, it is highly improbable for a real criminal to get away clean, unless there has been gross negligence or incompetency on the part of the police force (Kamisar, 2003). Some members of the judiciary also argue that the exclusionary rule has itself served as a barrier to development of a suitable alternative. However, Kamisar feels that many states that had not adopted exclusionary rule for several decades are yet to come up with a proper solution. Kamisar’s concerns are certainly valid as the police force which is supposed to enforce the law, have been bending the law to meet their ends. Hence, he concludes that the exclusionary rule is only existing fair solution, until a working alternative is developed.