RETROACTIVITY AND THE EXCLUSIONARY RULE - WHEN DO THE POLICIES UNDERLYING THE EXCLUSIONARY RULE WARRANT ITS RETROACTIVE APPLICATION - UNITED STATES V PELTIER

• NCJ Number: 31663
• Journal: American Criminal Law Review Volume: 13 Issue: 2 Dated: (FALL 1975) Pages: 317-333
• Author(s): P G MORAN
• Date Published: 1975
• Length: 17 pages
• Corporate Author: American Bar Association
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THE BALANCING TEST ESTABLISHED BY THIS CASE, TO DETERMINE THE RETROACTIVITY OR PROSPECTIVITY OF THIS DECISION WHICH ANNOUNCED A 'NEW' EXCLUSIONARY RULE, IS DESCRIBED.

Abstract

IF THE RELIABILITY AND RELEVANCY OF THE EVIDENCE IN QUESTION OUTWEIGH THE CONSIDERATIONS OF JUDICIAL INTEGRITY AND DETERRENCE THAT UNDERLIE THE EXCLUSIONARY RULE, THE EVIDENCE MAY BE ADMITTED. IN EVALUATING THE FURTHERANCE OF DETERRENCE IN A PARTICULAR CASE, THE COURT SHOULD SUPPRESS THE EVIDENCE ONLY IF THE ENFORCEMENT OFFICIAL KNEW OR MAY BE CHARGED WITH KNOWING THAT HIS CONDUCT WAS UNCONSTITUTIONAL. (AUTHOR ABSTRACT)