NCJ Number
44835
Date Published
1977
Length
123 pages
Annotation
THE TEXT CRITICALLY EXAMINES THE ARGUMENTS SAID TO JUSTIFY THE EXCLUSIONARY RULE AND PROPOSES AN ALTERNATIVE APPROACH.
Abstract
THE RULE OF EVIDENCE EXCLUDES OR RENDERS INADMISSABLE IN A CRIMINAL PROCEEDING EVIDENCE THAT IS ILLEGALLY OBTAINED BY LAW ENFORCEMENT AUTHORITIES. THE APPLICATION OF THIS RULE PREVENTS IMPORTANT PIECES OF EVIDENCE FROM BEING CONSIDERED IN CRIMINAL TRIALS AND THUS LEADS IN MANY CASES TO THE RELEASE OF PERSONS WHO HAVE COMMITTED SERIOUS CRIMES. IN LIGHT OF A STEADILY INCREASING CRIME RATE AND THE RECENT TREND IN THE SUPREME COURT TOWARD LIMITING THE SCOPE OF THE EXCLUSIONARY RULE, THE AUTHOR REEVALUATES ITS VALIDITY AND FINDS POSSIBLE ALTERNATIVES TO IT. THE HISTORY OF THE DEVELOPMENT OF THE EXCLUSIONARY RULE IN AMERICAN SUPREME COURT JURISPRUDENCE IS REVIEWED. A SERIES OF ARGUMENTS AGAINST THE MAJOR PUBLIC POLICY JUSTIFICATIONS ADVANCED FOR THE RULE, INCLUDING PROTECTION OF PRIVACY AND DETERRENCE OF ILLEGAL ACTIVITY OF LAW ENFORCEMENT OFFICIALS, IS PRESENTED, ALONG WITH A DETAILED DISCUSSION OF THE RULE'S CONSEQUENCES. THE ALTERNATIVE POLICY PROPOSED INCLUDES DISCIPLINE OF THE POLICE THROUGH THE JUDICIARY AND AIDED BY AN INDEPENDENT REVIEW BOARD, AND A STATUTORY CIVIL ACTION WITH PROVISION FOR THE AWARD OF MONETARY COMPENSATION TO THE INNOCENT VICTIM. THE APPENDIX PRESENTS CHIEF JUSTICE WARREN BURGER'S DISSENTING OPINION IN THE 'BIVENS' CASE AND A COMPARISON OF CANADIAN AND AMERICAN TREATMENT OF POLICE MISBEHAVIOR. A NAME AND CASE INDEX AND A BIBLIOGRAPHY ARE INCLUDED. (AUTHOR ABSTRACT MODIFIED).