NCJ Number
90364
Date Published
1982
Length
843 pages
Annotation
Pro and con testimony is heard from legislators, a representative of the Justice Department, criminal justice professionals, and the legal community regarding Federal bills that would abolish or modify the exclusionary rule.
Abstract
Senate bill 101 would permit the admission of evidence obtained in violation of the fourth amendment unless the transgression was willful or substantial. Senate bill 751 would abolish the exclusionary rule and replace it with a civil damages remedy. Senate bill 1995 falls between the other two bills. The representative of the Justice Department maintains that legislation prohibiting the exclusion of evidence obtained by actions of law enforcement officers performed in a reasonable and good faith manner would be sustained as constitutional. Other testimony supporting the abolition or modification of the exclusionary rule argues that the exclusionary rule may mean failure to convict guilty persons while also failing to deter law enforcement officers from behavior deemed by the courts to violate search and seizure laws. Some alternatives to the exclusionary rule deemed to provide greater deterrence to police misbehavior are civil actions against violating officers and the mandating of poice departments to construct and enforce rules for police behavior in searches and seizures. Those arguing against the abolition or modification of the exclusionary rule view alternatives as less likely to deter or counter the effects of police violations of search and seizure laws. The appendixes contain the proposed legislation, additional submissions for the record, and additional correspondence. For individual testimony, see NCJ-90365-67.