Exclusionary Rule
 

Finally, you understand the effect of the rule. Now, let's see if we can get you to put your arms around the purpose.

I don't get the bid deal.
 

I accept that apology. Thanks Wonk, I knew you were a stand up guy.

I don't speak arabic.

I don't get the bid deal.
 

I already took responsibility for that stuff Byrd said years ago. If you've got something since yesterday, let's see it.

Absurdity
 

If you shoot my kid and I break into your house and find the gun you used to kill my kid it can be used in evidence in a trial. You can sue me for tresspassing and you can ask the District Attorney to prosecute me for breaking and entering but the gun can still be used as evidence. You will simply get the gun back that I stole after the trial.

If the police do an illegal search of the house and find the gun (by screwing up the warrant or something) then even if the gun is probative it cannot be used.

I find that ridiculous.

Exclusionary Rule
 

How? Is the victim less dead? Less raped? The victim has already been harmed. Once again, the criminal justice system is not about retribution. It is the means by which our society maintains social order and protects its citizens. It's purpose is not to provide an organized means for the victim to seek revenge.

Exclusionary Rule
 

How often does this happen?

Absurdity
 

I find it to be a check on the authority of the state. I thought you were for limited government?

Absurdity
 

We each have our pet causes around here.

Exclusionary Rule
 

Kind of like the collateral damage when you drop a nuclear bomb on a city to kill one person. Your method of trying to protect the defendents rights all prevents the court from making the appropriate verdict. Since important decisions are made by the criminal courts (decisions over life and death) your collateral damage can be very devastating to the community.

Exclusionary Rule
 

I didn't say that I don't think guilty people have walked because probative evidence was excluded, did I? I said that the exclusionary rule doesn't provide that the defendant shall be released.

It's not terribly persuasive to call me stupid because you can't grasp the difference between the rule and a collateral result. It's no wonder you left the law to become a real estate vulture. Things like subtlety and nuance are truly lost on you, aren't they?

Exclusionary Rule
 

So how does letting guilty rapists and murderes out on the streets help "maintain social order" and "protect its citizens".

Exclusionary Rule
 

If a defendant is being held based on certain evidence, and that evidence is then excluded because of an improper search, then the defendant is released.

In certain circumstances if a prosecutor is not allowed to use certain evidence then they can't go to trial and the criminal walks.

It is really not that complicated.

Exclusionary Rule
 

And it's really not that complicated to obtain evidence legally. Happens every day.

Absurdity
 

This post says it all. You claim to be a libertarian, but you have no understanding of libertarian principles. You are baffled by what is as clear as day to my nine-year old. Perhaps a trip to the Library for an elementary school text on civics might be in order?

Exclusionary Rule
 

The exclusionary rule is not aimed at protecting the defendant's rights. It's designed to safeguard the people's rights.