People Don't Heal the Exclusionary Essay

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The Burger Court held that the prosecution simply needed to establish by a preponderance of the evidence that the evidence illegally obtained would have been lawfully and inevitably discovered. The Burger Court did not think that a police officer would act illegally on the 'off' chance that the evidence might be admissible under the inevitable discovery doctrine, and could not reasonably calculate if the evidence would inevitably be discovered (Hendrie 1997:2).

The Nix v. Williams finding is an important counterweight to the restrictions the exclusionary rule imposes upon law enforcement officials. In contrast to the Warren Court, the Burger Court accepted that, although protecting constitutional rights is important, the exclusionary rule is often a "drastic and socially costly remedy" because it often results in obviously guilty people going free, meaning that the cost of releasing Williams back into the world would have been high, while the gain to society of protecting defendant's rights would have been small (Hendrie 1997:3) This is why the Warren Court's decision not to suppress evidence that inevitably would have been lawfully discovered seems valid.

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Merely because Officer Leaming misspoke does not mean that the body, which would have been discovered by the search party, should have been inadmissible, "putting the state in a worse position than it would have occupied if there had been no illegal police conduct" (Hendrie 1997:3).

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