Constitutional Rights and the Exclusionary Rule (From Criminal Justice: Introductory Cases and Materials, Fifth Edition, P 217-286, 1991, John Kaplan and Jerome H Skolnick, et al., -- See NCJ-130236)

• NCJ Number: 130241
• Author(s): J Kaplan; J H Skolnick; M M Feeley
• Date Published: 1991
• Length: 70 pages
• Sale Source: Foundation Press
• Publication Type: Training (Aid/Material)
• Language: English
• Country: United States of America

Annotation

This chapter examines the U.S. Constitution's fifth amendment privilege against self-incrimination and the fourth amendment's right to be free from unreasonable searches and seizures; the exclusionary rule as a means of enforcing these amendments is also discussed.

Abstract

After a review of the history and scope of the privilege against self-incrimination, this chapter provides a comparative examination of interrogation in Japan and justice in the Soviet Union. The application of the privilege against self-incrimination to police interrogation is examined in the U.S. Supreme Court cases of Brown v. Mississippi (1936) and Miranda v. Arizona (1966). Police interrogation patterns after the Miranda decision are also examined. The discussion of the right to be free from unreasonable search and seizure also includes a review of the historical development of the right. Exceptions to the search warrant requirement are then examined. U.S. Supreme Court cases that both promulgate and undermine the exclusionary rule are reviewed. The exclusionary rule's impact on police and prosecution effectiveness is then addressed. The chapter concludes with a discussion of the future of the exclusionary rule. 7 recommended readings