 Even if the theory is right, it does not necessarily follow that exclusionary rules should be abolished once the jury system is removed. Judges may be as susceptible to the same cognitive and other failings as the jury and there may be the additional risk that judges may over-estimate their own cognitive and intellectual abilities in their professional domain. Hence, there remains a need for the constraints of legal rules (Schauer 2006: 185–193). But the efficacy of these rules in a non-jury system is questionable. The procedural reality is that judges will have to be exposed to the evidence in order to decide on its admissibility. Since a judge cannot realistically be expected to erase the evidence from his mind once he has decided to exclude it, there seems little point in excluding the evidence; we might as well let the evidence in and allow judge to give the evidence the probative value that it deserves (Mnookin 2006; Damaška 2006; cf. Ho 2008: 44–46).