NCJ Number
35897
Journal
Texas Law Review Volume: 54 Issue: 5 Dated: (JUNE 1976) Pages: 1115-1129
Date Published
1976
Length
15 pages
Annotation
REVIEW OF FEDERAL COURT CASE LAW DENYING APPLICATION OF THE EXCLUSIONARY RULE TO PROBATION AND PAROLE REVOCATION PROCEEDINGS.
Abstract
THE ANALYSIS IS UNDERTAKEN AS A RESPONSE TO THE RECENT NINTH CIRCUIT DECISIONS IN UNITED STATES V WINSETT (1975) AND UNITED STATES V VANDEMARKE (1975). THE NOTE EXPLORES THE VAST DISCRETINARY DOMAIN OF PROBATION AND PAROLE REVOCATION, EXPOSING A RELIANCE ON DETERRENT IMPACT AS THE SOLE JUSTIFICATION FOR EXCLUDING EVIDENCE. IT FURTHER SUGGESTS THAT APPLICATION OF THE EXCLUSIONARY RULE IN PROBATION AND PAROLE REVOCATION PROCEEDINGS WOULD LEND RATIONALITY AND CONSISTENCY TO CORRECTIONAL DECISION MAKING.