I believe that the modern judicial system should represent a well-balanced combination of a structured set of strict rules and common sense. The main function of the law is to provide citizens with safety, which implies the law must not be violated by anybody, including police officers. The exclusionary rule obligates the executive branch to follow formal instructions within the framework of the law, defending possible innocent people from police misconduct (Schonrock, et al). However, the exclusionary rule does not always correspond to common sense and requires a specific approach in individual cases. Therefore there are some exceptions, for example, the “good faith exception”, which allows the court to not ban the introduction of evidence obtained by bad law enforcement under certain circumstances (Colb). Even though in some cases exclusionary rule might lead to the release of a culprit, it is crucial to maintain order in the judicial system and with some exceptions should be considered reasonable.
I am equally bothered by false accusations leading to punishment and by the release of a dangerous criminal because of the imperfection of procedure. The first case leads to the destruction of an innocent person’s life, whereas the second may potentially result in repeated crimes committed, which may also lead to irreparable damage done to society and individuals. However, it may be impossible to develop legislation that is both precise and flexible, which means it is practically not possible to reduce judicial errors to zero. Therefore, it is crucial to take consistent steps to prevent abuse of authority by law enforcement without limiting justice. Although the court’s strict adherence to the exclusionary rule does not completely prevent abuse of authority, it does lead to a tangible decrease in police misconduct.
References
Colb, Sherry. “How Far Does Police ‘Good Faith’ Go? The Supreme Court Creates Another Exception to The Exclusionary Rule.”Findlaw, 2009. Web.
Schonrock, Jim, et al. “The Fourth Amendment and the Exclusionary Rule.”Findlaw, 2019. Web.