FEDERAL TORT CLAIMS ACT - AN ALTERNATIVE TO THE EXCLUSIONARY RULE

• NCJ Number: 19375
• Journal: Journal of Criminal Law and Criminology Volume: 66 Issue: 1 Dated: (MARCH 1975) Pages: 1-22
• Author(s): F A GILLIGAN
• Date Published: 1975
• Length: 22 pages
• Corporate Author: Northwestern University
• Publication Format: Article
• Language: English
• Country: United States of America
• Note: *This document is currently unavailable from NCJRS.

Annotation

FOCUSES ON THE RATIONALE BEHIND AND THE UTILITY OF THE EXCLUSIONARY RULE AND THEN ANALYZES THE AMENDMENT AND ITS LIKELY IMPACT ON THE CRIMINAL JUSTICE SYSTEM.

Abstract

THE EXCLUSIONARY RULE PROVIDES THAT EVIDENCE OBTAINED IN VIOLATION OF THE AMENDMENT CANNOT BE USED AS EVIDENCE IN A CRIMINAL TRIAL AGAINST A PERSON WHOSE FOURTH AMENDMENT RIGHTS WERE VIOLATED. ONE OF THE PRIMARY ASSUMPTIONS IS THAT THE RULE IS NECESSARY TO DETER UNLAWFUL POLICE MISCONDUCT. A COROLLARY OF THIS JUSTIFICATION IS THAT BY DETERRING ILLEGAL POLICE MISCONDUCT, THE RIGHT TO PRIVACY OF ALL INDIVIDUALS IN THE UNITED STATES WILL BE ENHANCED. BETTER DRAFTING OF THE LAW WOULD ELIMINATE MANY INCONSISTENCIES, AND CONGRESS COULD EXPAND ON THE REMEDIES BY PASSING AN AMENDMENT TO THE ACT THAT WOULD ELIMINATE MANY OF THE TECHNICAL DEFENSES.