The exclusionary rule was designed to deter government misconduct. It prevents evidence seized in violation of the 4th amendment from being used against the accused in a criminal trial.
Watch the video on Map v. Ohio from the Annenberg Classroom and then answer the following questions. Comment on at least one other student’s post.
1. Do you think the exclusionary rule ever interferes with a guilty person going to jail? Is that okay? Explain your answer.
2. Is the Exclusionary Rule meant to protect the innocent, the guilty, or both? Explain your answer.
3. John Wayne Gacy was a serial killer who killed at least 33 men and buried them under his house between 1972 and 1978. Police executed a search warrant to search Gacy’s house and found the bodies. Suppose the police failed to obtain a warrant before making that search. The Exclusionary Rule would prevent any evidence found inside the house from being used in court, to include the bodies.
Could an exception be made to the exclusionary rule just based on the seriousness of the crime in Gacy’s case? Should an exception be made? Explain why or why not.