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Senior Manager
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Although its purpose is laudable, the exclusionary rule, [#permalink]
06 May 2006, 16:27
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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.
The author of the passage above assumes all of the following EXCEPT:
(A) The constitutional rights of criminal defendants should be protected.
(B) Most cases in which the exclusionary rule has been invoked have involved purely technical violations of constitutional principles.
(C) The number of cases whose outcome has been affected by the exclusionary rule is significant.
(D) Some of the defendants set free under the exclusionary rule have been guilty of serious criminal offenses.
(E) Merely technical violations of the rules concerning evidence should be treated differently from deliberate assaults upon human rights.
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Re: CR: eclusionary rule [#permalink]
06 May 2006, 17:08
prude_sb wrote: 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. The author of the passage above assumes all of the following EXCEPT: (A) The constitutional rights of criminal defendants should be protected. (B) Most cases in which the exclusionary rule has been invoked have involved purely technical violations of constitutional principles. (C) The number of cases whose outcome has been affected by the exclusionary rule is significant. (D) Some of the defendants set free under the exclusionary rule have been guilty of serious criminal offenses. (E) Merely technical violations of the rules concerning evidence should be treated differently from deliberate assaults upon human rights.
I am thinking C.
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Senior Manager
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no doubt, B it is
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VP
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I think its B too... considered C, but its says "has unduly hampered law-enforcement efforts" which means it shud be significant.
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Current Student
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"even when" does not mean "most cases".
My pick is (B)
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Senior Manager
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I think it may be both A and B:
A – Author never mentions anything related to his attitude toward constitutional rights.
B – While it is true that some cases that invoked this rule have involved purely technical violations, the author doesn’t give us any information about the proportion of this cases.
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Senior Manager
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I think it should be C.
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Director
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Between B and C, I would take B.
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My choice is (C)
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I believe it is C.
In my opinion, the author assumes B because if you look at the conclusion, it is stating criminals, because of this rule, get to go free and rape, kill, pillage, etc. As such, it is assumes that most criminals are set free because evidence is being excluded based on "technical reasons." If you negate C, you are weakening the conclusion.
Please someone disagrees, please respond. This is the BEST way to learn.
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Manager
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C for me
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VP
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I'll go with B.
It is clearly stated in the passage that there are a few technical cases.
Agree with Matt's explaination.
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Re: CR: eclusionary rule [#permalink]
12 May 2006, 14:46
prude_sb wrote: 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. The author of the passage above assumes all of the following EXCEPT: (A) The constitutional rights of criminal defendants should be protected. (B) Most cases in which the exclusionary rule has been invoked have involved purely technical violations of constitutional principles. (C) The number of cases whose outcome has been affected by the exclusionary rule is significant. (D) Some of the defendants set free under the exclusionary rule have been guilty of serious criminal offenses. (E) Merely technical violations of the rules concerning evidence should be treated differently from deliberate assaults upon human rights.
I feel like C, too,, Can you give us the OA?? pls~
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Director
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Answer is B.
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