NCJ Number
94765
Journal
University of Cincinnati Law Review Volume: 53 Issue: 1 Dated: (1984) Pages: 49-112
Date Published
1984
Length
64 pages
Annotation
The exclusionary rule is a necessary part of the concept of due process; it should remain as a matter of morals, policy, and constitutional law.
Abstract
When invoked successfully, the exclusionary rule suppresses evidence obtained through violation of the defendant's constitutional rights. The rule is under attack from several sources including victim's rights groups. However, careful examination of the rule belies popular perceptions of its effects. Three areas of inquiry, the Constitution, Federal common law, and the meaning of integrity produce evidence supporting the exclusionary rule. Its subtler effects, such as providing society's commitment to constitutional values and providing a mechanism for interpreting constitutional doctrine, are desirable. The Supreme Court's exercise of review power, particularly regarding the fourth amendment and due process, recognizes the constitutional necessity of exclusion. The rule is needed so that government does not benefit from proscribed behavior and so that individuals are not punished because of illegal governmental investigative methods. A total of 292 footnotes are supplied.