Annenberg Classroom – The Exclusionary Rule
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 Mapp v. Ohio from the Annenberg Classroom and then answer the following questions. Comment on at least one other student’s post.
- Do you think the exclusionary rule ever interferes with a guilty person going to jail? Is that okay? Explain your answer.
- Is the Exclusionary Rule meant to protect the innocent, the guilty, or both? Explain your answer.
- 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.
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