Should the Exclusionary Rule Be Abolished

Misperception: Jury trials are the most effective and truly unbiased form of decision making. Recent events seem to discount this ideal. In the Michael Jackson trial for example, two of the jurors stated (after the decision of “Not guilty” had been handed down) that they actually felt that he was guilty but did not vote that way due to pressure. If jury trials truly were un-biased and based only upon the facts of the case then there would be no need for voir dire as all of the potential jurors would vote according to the law and not upon experiences, personal beliefs or emotions. Additionally, many countries do not offer jury trials. Japan, for instance, has a one to three person panel of judges that decide both criminal and civil cases.

Perception: Equal crimes receive equal sentences. In 1987 Congress enacted the Federal Sentencing Guidelines. Basically, the guidelines were used by federal judges to provide a consistent sentence structure with regards to federal crimes. Much wrangling ensued with defense attorneys arguing that the guidelines were unconstitutional. The argument reached the Supreme Court and the Court upheld the argument stating that the guidelines violated the 6th amendment. Now, if two people with identical criminal backgrounds commit the exact same crime with similar circumstances, the sentences handed down can be vastly different. While the guidelines are still in effect, they are merely a manual to be consulted rather than being relied upon.

Misperceptions: Then comes the misperceptions that different judges use

when finding a verdict for a crime. I remember an article a couple of years ago

involving a young murderer who received probation and as well as an outpatient

psychiatric patient. In what a judge described as a 'tragic and exceptional' case,

a British teen-ager who stabbed his abusive father to death walked free from

court. The judge placed the youth, who was 18 when he committed the crime

back in 1999, put the young adult on three years' probation and ordered

psychiatric treatment.

It is quite amazing that because of our mistaken belief in the existence of

"mental illness," some people guilty of murder goes unpunished, and others who

have never harmed anyone, are incarcerated for years and even lifetimes. Which

makes you really think who is crazier, the so called patients or our judges and

lawmakers?

Perception: The popular perception is that of the character and the ethics

of lawyers, and the prestige of the profession. How they have plunged

precipitously since the 1970s. Granted, the image of lawyers never approached

that of pharmacists, the clergy, or teachers. Lawyers will always be distrusted, in

part because their assigned task is to play whatever role and manipulate

whatever law a client’s interest demands.