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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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New post 14 Jul 2009, 00:27
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54% (00:54) correct 46% (01:26) wrong based on 63 sessions

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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.
5. 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.


Please explain the ans

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Re: CR doubt [#permalink]

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New post 14 Jul 2009, 01:42
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shrutisingh 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.
5. 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.


Please explain the ans


Phew!! a lot of information.

As this is an EXCEPT question, my strategy is to find something in the ans choices that is out of scope and no where mentioned in the stimulus.

If you notice closely, option B talks about 'constitutional principles', but the stimulus talks about 'constitutional rights'.

So, even if the author assumes something on 'constitutional priciples', it will have no effect.

So IMO B is the right answer.

Apologies for not giving a more technical explanation.

Please do post the OA.
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Re: CR doubt [#permalink]

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New post 14 Jul 2009, 02:25
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My guess is B

(A) The constitutional rights of criminal defendants should be protected. -Evident from line "which forbids a court to consider evidence seized in violation of the defendant’s constitutional rights, has unduly hampered law-enforcement efforts."
(B) Most cases in which the exclusionary rule has been invoked have involved purely technical violations of constitutional principles. -Author has not mentioned anything related to this
(C) The number of cases whose outcome has been affected by the exclusionary rule is significant. -Evident from line "Even when the rights violation was a minor or purely technical one". If this had affected even the minor cases, that means it must had affected lot of cases.
(D) Some of the defendants set free under the exclusionary rule have been guilty of serious criminal offenses. -Evident from last line "defendants who were undoubtedly guilty have been set free, perhaps to steal, rape, or murder again."
(E) Merely technical violations of the rules concerning evidence should be treated differently from deliberate assaults upon human rights. -Evident from line "Even when the rights violation was a minor or purely technical one....". This means author is assuming that the new rule is fine with serious offenses, but implementing it for minor offenses is just too much to accept.
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Re: CR doubt [#permalink]

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New post 14 Jul 2009, 03:05
IMO C... oa PLZ
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Re: CR doubt [#permalink]

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New post 14 Jul 2009, 03:42
OA is B.
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Although its purpose is laudable, the exclusionary rule, [#permalink]

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New post 17 Aug 2016, 03:58
bigoyal wrote:
My guess is B

(A) The constitutional rights of criminal defendants should be protected. -Evident from line "which forbids a court to consider evidence seized in violation of the defendant’s constitutional rights, has unduly hampered law-enforcement efforts."
(B) Most cases in which the exclusionary rule has been invoked have involved purely technical violations of constitutional principles. -Author has not mentioned anything related to this
(C) The number of cases whose outcome has been affected by the exclusionary rule is significant. -Evident from line "Even when the rights violation was a minor or purely technical one". If this had affected even the minor cases, that means it must had affected lot of cases.
(D) Some of the defendants set free under the exclusionary rule have been guilty of serious criminal offenses. -Evident from last line "defendants who were undoubtedly guilty have been set free, perhaps to steal, rape, or murder again."
(E) Merely technical violations of the rules concerning evidence should be treated differently from deliberate assaults upon human rights. -Evident from line "Even when the rights violation was a minor or purely technical one....". This means author is assuming that the new rule is fine with serious offenses, but implementing it for minor offenses is just too much to accept.


bigoyal

In your discussion of option C, how can you logically go from "If this had affected even the minor cases..." to "...that means it must had affected lot of cases."?

This may or may not be the case.

Even if I chose option B, I was not able to find an irrefutable reason why option C is an assumption of the passage. It requires me to make a certain assumption on the author's intentions before I can say that it is an assumption of the passage.

Can anyone please give a solid reason why option C is an assumption of the passage?
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Re: Although its purpose is laudable, the exclusionary rule, [#permalink]

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New post 12 Apr 2017, 04:01
could anyone explain this passage ?
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Re: Although its purpose is laudable, the exclusionary rule, [#permalink]

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New post 23 Sep 2017, 13:35
how C is an assumption ?
Nowhere in the argument the author mentions anything about the number of crimes.
Confused...

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Re: Although its purpose is laudable, the exclusionary rule,   [#permalink] 23 Sep 2017, 13:35
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