EXCLUSIONARY RULE - HAVE CRITICS PROVEN THAT IT DOESN'T DETER POLICE?

• NCJ Number: 55583
• Journal: Judicature Volume: 62 Issue: 8 Dated: (MARCH 1979) Pages: 398-403
• Author(s): B CANON
• Date Published: 1979
• Length: 6 pages
• Corporate Author: American Judicature Soc
• Publication Format: Article
• Publication Type: Report (Study/Research)
• Language: English
• Country: United States of America

Annotation

JUDGE MALCOLM WILKEY'S CLAIMS THAT EMPIRICAL DATA PROVE THAT THE EXCLUSIONARY RULE IS SOCIALLY COSTLY AND FAILS TO SECURE POLICE COMPLIANCE WITH THE FOURTH AMENDMENT ARE CRITICIZED.

Abstract

ACCORDING TO WILKEY, A VARIETY OF CRIMES (GAMBLING, NARCOTICS, PROSTITUTION, ARMED ROBBERY, AND CONCEALED WEAPONS) WOULD BE SIGNIFICANTLY CURTAILED IF THE EXCLUSIONARY RULE DID NOT EXIST. HOWEVER, HE OFFERS NO EMPIRICAL EVIDENCE TO SUPPORT THIS CONTENTION, AND HIS LOGIC IS NOT SUFFICIENTLY PERSUASIVE. WILKEY DOES, HOWEVER, CITE EMPIRICAL STUDIES TO ESTABLISH HIS ARGUMENT THAT THE UNITED STATES SUPREME COURT DECISION IN MAPP V. OHIO IN 1961 ESTABLISHING THE EXCLUSIONARY RULE HAS FAILED TO DETER POLICE VIOLATIONS OF THE FOURTH AMENDMENT. HE REFERS TO A 15-YEAR-OLD STUDY BY DALLIN OAKS WHICH EXAMINED POLICE BEHAVIOR IN CINCINNATI, OHIO, USING ARREST RECORDS IN SEARCH AND SEIZURE CASES. HOWEVER, IN THAT STUDY OAKS ADMITTED THAT BECAUSE OF THE SHORT TIME PERIOD BETWEEN THE MAPP DECISION AND THE STUDY, AND THE LIMITED SCOPE OF THE STUDY, HIS CONCLUSION ABOUT INEFFECTIVENESS OF THE EXCLUSIONARY RULE IN DETERRING POLICE FOURTH AMENDMENT VIOLATIONS WAS TENTATIVE. REPLICATING OAKS' STUDY FOR 19 OTHER AMERICAN CITIES IN 1972-73, THIS AUTHOR FOUND THAT IN 9 OF THE CITIES, THERE WAS A STATISTICALLY SIGNIFICANT DECREASE IN ARRESTS IN ALL OR MOST SEARCH AND SEIZURE CRIMES FOLLOWING MAPP, WHILE IN THE OTHER 10 THE IMPACT WAS MINIMAL OR ABSENT. A 1973 QUESTIONNAIRE SURVEY OF POLICE DEPARTMENTS, PROSECUTORS, AND PUBLIC DEFENDERS IN ALL AMERICAN CITIES WITH POPULATIONS OF MORE THAN 100,000 ELICITED RESPONSES FROM OVER HALF, AND RESULTS CLEARLY INDICATED THAT IN MOST OF THEM POLICE COMPLIANCE WITH THE FOURTH AMENDMENT INCREASED SIGNIFICANTLY OVER THE 6 YEAR PERIOD AFTER MAPP. OTHER STUDIES CITED BY WILKEY ALSO HAVE LIMITATIONS AND FLAWS THAT UNDERMINE HIS ABSOLUTE CLAIM THAT THE EXCLUSIONARY RULE HAS BEEN INEFFECTIVE. A CLEARER VIEW IS THAT IMPACT ON POLICE BEHAVIOR HAS BEEN VARIED ACCORDING TO LOCAL CIRCUMSTANCES. WHILE REASONED ARGUMENTS CAN BE ADVANCED AGAINST THE EXCLUSIONARY RULE, THE EMPIRICAL STUDIES ADVANCED BY WILKEY CANNOT WITHSTAND OBJECTIVE SCRUTINY. (RCB)