IMPEACHMENT EXCEPTION TO THE CONSTITUTIONAL EXCLUSIONARY RULES

• NCJ Number: 12614
• Journal: Columbia Law Review Volume: 73 Issue: 7 Dated: (NOVEMBER 1973) Pages: 1476-1501
• Author(s): M J WHITE
• Date Published: 1973
• Length: 26 pages
• Corporate Author: Columbia University
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

IMPEACHMENT EXCEPTION TEMPERS THE ABSOLUTISM OF THE EXCLUSIONARY RULES AND PREVENTS DEFENDANTS FROM TAKING UNFAIR ADVANTAGE OF THESE PROTECTORS OF THEIR RIGHTS.

Abstract

UNCONSTITUTIONALLY OBTAINED EVIDENCE MAY BE ADMITTED TO CONTRADICT A PERJURING DEFENDANT. THE SUPREME COURT HAS, HOWEVER, PRESCRIBED CERTAIN LIMITS TO THIS EXCEPTION TO THE EXCLUSIONARY RULE. THIS ARTICLE DISCUSSES THESE LIMITS AND THE EXTENT THE LOWER COURTS HAVE FOLLOWED THEM, AND SUGGESTS AN INTERPRETATION OF THE RESTRAINTS THAT BOTH MAINTAINS THE INTEGRITY OF THE TRIAL PROCESS AND PROTECTS THE RIGHTS OF THE ACCUSED.