Although its Purpose is Laudable, The Exclusionary Rule, Which Forbids GMAT Critical Reasoning

Question: Although its purpose is laudable, the exclusionary rule, which forbids a court to consider evidence seized in violation of the defendant’s constitutional rights, has unduly hampered law-enforcement efforts. Even when the violation of the rights was a minor or purely technical one, turning on a detail of procedure rather than on the abrogation of some fundamental liberty, and even when it has been clear that the police officers were acting in good faith, the evidence obtained has been considered tainted under this rule and may not even by introduced. In consequence, defendants who were undoubtedly guilty have been set free, perhaps to steal, rape, or murder again.

It can be inferred from the passage that the author would most likely endorse which of the following proposals?

(A) Change of the exclusionary rule to admit evidence obtained by police officers acting in good faith
(B) A constitutional amendment curtailing some of the protections traditionally afforded those accused of a crime
(C) A statute limiting the application of the exclusionary rule to cases involving minor criminal offenses
(D) Change of the exclusionary rule to allow any evidence, no matter how obtained, to be introduced in court
(E) A constitutional amendment allowing police officers to obtain vital evidence by any means necessary when in pursuit of a known criminal

Answer: A
Explanation:

Analytical and critical thinking abilities are assessed on the GMAT's critical reasoning section.Strong cognitive skills are required for the individual to respond coherently.

It is a given that, the exclusionary rule, which prohibits a court from considering evidence taken in violation of the defendant's constitutional rights, has unnecessarily impeded law enforcement efforts, notwithstanding the good intentions behind it. The evidence produced has been considered tainted under this rule and may not even be submitted, even where the breach of the right was trivial or entirely technical, focusing on a procedural detail rather than the suspension of some basic liberty. As a result, defendants who were unquestionably guilty were released, possibly to commit theft, rape, or murder once more.

Let's look at each option separately.

A: Correct
It is the correct choice. Change in the exclusionary rule is also implied by the passage.

B: Inaccurate
Option B is incorrect because this is out of scope. We are more focused on the exclusionary rule. This is an irrelevant choice; hence, it is eliminated.

C: Inaccurate
It is an incorrect answer. In this choice, although the author mentions the minor criminal offense, this is just a piece of the larger cause. This choice is also eliminated.

D: Inaccurate
This choice is irrelevant and incorrect. It is an extreme choice. If we check out the first statement given in the passage, it is stated that “its purpose is laudable”.
Hence, this choice is eliminated.

E: Inaccurate
E is incorrect. This choice is too close. But using any means necessary is a little bit extreme.

“Although its purpose is laudable, the exclusionary rule, which forbids” – is a GMAT Critical question. To answer the question, a candidate can either find a piece of evidence that would weaken the argument or have logical flaws in the argument. GMAT critical reasoning tests the logical and analytical skills of the candidates. This topic requires candidates to find the argument's strengths and weaknesses or the logical flaw in the argument. The GMAT CR section contains 10 -13 GMAT critical reasoning questions out of 36 GMAT verbal questions.

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