NCJ Number
53868
Journal
Criminal Law Bulletin Volume: 15 Issue: 1 Dated: (JANUARY-FEBRUARY 1979) Pages: 5-39
Date Published
1979
Length
35 pages
Annotation
SUPPORT FOR THE EXCLUSIONARY RULE IS PROVIDED IN THIS ANALYSIS, WITH PARTICULAR EMPHASIS ON THE VALUE OF THE RULE IN EVIDENCE PROSECUTION AND POLICE MISCONDUCT DETERRENCE.
Abstract
EMPIRICAL CHALLENGES TO THE EXCLUSIONARY RULE AND ARGUMENTS IN FAVOR OF ITS CONTINUED USE ARE THE FOCUS OF THIS ARTICLE, AND JUDICIAL DECISIONS INVOLVING THE EXCLUSIONARY RULE ARE CITED. SOME CRITICS URGE THE ELIMINATION OF THE EXCLUSIONARY RULE OR SUBSTANTIAL MODIFICATION TO IT ON THE GROUNDS THAT IT HAS HAD LITTLE IF ANY EFFECT ON POLICE BEHAVIOR. OTHER CRITICS CALL FOR THE EXCLUSIONARY RULE'S REPEAL OR REVISION ON THE GROUNDS THAT THE POLICE HAVE ATTAINED A HIGH INCIDENCE OF COMPLIANCE WITH FOURTH AMENDMENT REQUIREMENTS. THE FINDING IN MANY CASES THAT POLICE HAVE COMPLIED WITH THE RULES FOR SEARCH AND SEIZURE MAY BE ATTRIBUTED TO POLICE PROFESSIONALISM, BUT, AT THE SAME TIME, SUCH COMPLIANCE MAY HAVE BEEN STIMULATED BY THE EXCLUSIONARY RULE. (DEP)