NCJ Number
92358
Journal
Criminal Justice Ethics Volume: 1 Issue: 2 Dated: (Summer/Fall 1982) Pages: 28-40
Date Published
1982
Length
8 pages
Annotation
The exclusionary rule is of constitutional origin, seldom results in the freeing of the guilty, deters official misconduct, and demonstrates commitment to the rule of law in the face of official lawlessness.
Abstract
The exclusionary rule is a rule of constitutional origin which only the Supreme Court, as part of its process of constitutional adjudication, can alter. While the Court has occasionally limited the reach of the rule, it has not retreated from its constitutional base. The most severe indictment of the rule is that it releases hordes of dangerous and demonstrably guilty criminals to prey upon society; however, a recent study by the Comptroller General of the United States found that the rule operates to free Federal Criminal defendants in only a small percentage of cases. Although statistical studies cannot be offered to show the deterrent effect of the rule, the exclusionary rule provides the incentive for police and prosecutors to measure their steps carefully in the obtaining of evidence because of the desire to avoid having the case fail due to a violation of search-and-seizure laws. It is sometimes said that the exclusionary rule breeds disrespect for the law, because it suppresses the truth and permits a crime to go unpunished; however, when a court admits evidence obtained in violation of the Constitution, it is inescapably condoning, validating, even welcoming the illegality that produced it. By its actions, the court itself becomes part of the illegality. Unchecked official lawlessness destroys citizen trust that the law applies even to those who administer and enforce it. Twenty-two notes are listed. For related material, see NCJ-92355.