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Although its purpose is laudable, the exclusionary rule,

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Although its purpose is laudable, the exclusionary rule, [#permalink]

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07 Sep 2005, 07:11
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Although its purpose is laudable, the exclusionary rule, which forbids a court to consider evidence seized in violation of the defendantâ€™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.

1. 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.

2. 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
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07 Sep 2005, 08:24
1. 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.

My answer here: B. The author only says "Even if its only a technical violation...". he doesn't say "most cases". He does say "unduly hampered" but I don't think that implies "most cases".

2. 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

I am not sure about this answer. But, my thoughts on this was that the author seemed most concerned that when there is evidence (however obtained), it should be allowed in court and it isn't currently.

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murali
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07 Sep 2005, 08:31
B& A ?
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07 Sep 2005, 08:41
On second thoughts for the second question, it does seem like A is a better answer than D.

As a side qn:
Is it wrong to think on the lines that in reality, its difficult to actually know when a police officer acts in good faith, so it can't be A? Do we have to assume that its possible to know when someone acts in good faith?

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murali
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10 Sep 2005, 05:28
OA is B and A.
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Re: Although its purpose is laudable, the exclusionary rule, [#permalink]

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02 Jan 2013, 10:46
Why A is preferable to B ?
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Re: Although its purpose is laudable, the exclusionary rule,   [#permalink] 02 Jan 2013, 10:46
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