Exclusionary Rule

Provide a clear definition of the exclusionary rule. Describe how the exclusionary rule might influence the behavior of police officers, detectives, and prosecutors. Recall the scenario in last week’s discussion. Assume that Chip told police that he stashed the bodies but was only doing what Bob, the owner, told him to do. If he revealed this information under questioning, but without having been given his Miranda rights, how would that impact the case? Do you think it is more important for judges to always enforce the exclusionary rule, or should exceptions be made so that violent criminals are not set free despite being guilty? Explain your reasoning. LAST WEEK: Bob Helmsley is a respected community leader and the owner of the Helmsley Crematorium in Amarillo, Texas, that services Texas, Southern Oklahoma, and the northwest region of New Mexico. He is the former coroner in Potter County, Texas, and his wife Susan is a respected member in the community. Susan is the bookkeeper at the crematorium, but neither she nor Bob have any day-to-day contact with business operations, which is currently run by Chip, a long-time family friend and business partner. An anonymous tip on three separate occasions was reported to the Potter County Sheriff’s Department that skeletal remains were seen on the Helmsley property; however, when investigated by the authorities, nothing ever resulted. One day, an unannounced but routine inspection by the Texas Board of Funeral Directors and Embalmers revealed a shed stacked with human bodies and an open grave with bodies scattered about the property. There were so many bodies; a federal disaster team was dispatched to aid the state in identifying the remains. Bob, Susan, and Chip were arrested, and ultimately, the investigators discovered four hundred uncremated bodies.