Should the Exclusionary Rule Be Abolished
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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 clients interest demands.