NCJ Number
41762
Journal
Prosecutor Volume: 12 Issue: 5 Dated: (1977) Pages: 335-341
Date Published
1977
Length
7 pages
Annotation
THIS ARTICLE DISCUSSES THE LEGAL, HISTORICAL, AND CONSTITUTIONAL HISTORY OF THE EXCLUSIONARY RULE FROM THE COMMON LAW, THROUGH ITS AMERICAN JUDICIAL DEVELOPMENT, TO ITS PRESENT STATUS AS BINDING UPON ALL 50 STATES.
Abstract
EVERY SUPREME COURT DECISION RENDERED DEALING WITH THE EXCLUSIONARY RULE IS BRIEFLY EXPLAINED IN A CASE-BY-CASE SURVEY. FREQUENTLY VOICED CRITICISMS OF THE EXCLUSIONARY RULE ARE RECOUNTED, INCLUDING PROFESSOR DALLIN H. OAKS' 1970 STUDY AND CHIEF JUSTICE WARREN BURGER'S DISSENT IN THE CASE OF BIVEN V. SIX UNKNOWN FEDERAL NARCOTICS AGENTS (1971). VARIOUS ALTERNATIVES TO THE OUTRIGHT EXCLUSION OF UNCONSTITUTIONALLY OBTAINED EVIDENCE IN CRIMINAL PROSECUTIONS ARE EXPLORED, SUCH AS CIVIL REMEDIES, DIRECT DISCIPLINE OF OFFICERS GUILTY OF MISCONDUCT, QUASI-JUDICIAL TRIBUNALS, AND MODIFICATIONS SHORT OF ABOLITION....MSP