NCJ Number
130291
Date Published
1991
Length
48 pages
Annotation
One of the most dramatic developments in American criminal procedure has been the constitutionalization of evidence matters by Federal exclusionary requirements.
Abstract
Requirements that evidence offered by the prosecution at a criminal trial be rejected because of impropriety in the process of gathering it are often referred to as exclusionary rules. To a significant extent, requirements imposed by local statutes, case law, and court rules have been eclipsed by the development of Federal constitutional requirements. Federal exclusionary requirements affecting law enforcement conduct and the admissibility of evidence obtained by law enforcement efforts in a criminal trial are binding on States because of the fourteenth amendment. Exclusionary requirements are also affected by the fourth and fifth amendments. A determination that law enforcement officers engaged in improper activity during the preparation of the prosecution's case against a defendant does not end the exclusionary rule inquiry. Two additional issues must be addressed: (1) what evidence is rendered inadmissible by demonstrated law enforcement misconduct; and (2) what persons are entitled to invoke the exclusionary remedy. Exceptions to the exclusionary sanction, particularly good faith, are discussed, and case materials are included.