NCJ Number
75160
Journal
Policy Review Volume: 4 Dated: (Spring 1978) Pages: 57-67
Date Published
1978
Length
11 pages
Annotation
The recent expansion of judicial power with regard to proliferation of regulations and a paradoxical corresponding decrease in the protection from crime afforded society are discussed.
Abstract
Expanding judicial power is presently used to support, increase, or impose infinitely proliferating regulations on the activities of individuals and on their organizations. On occasion, the courts have also restricted the power of representative political bodies and have taken a managerial role to carry out their own mandates. A major factor influencing this trend is the redistribution of goods and services under welfare programs. The courts have fettered themselves with procedures which make the conviction and punishment of those who break the criminal law a difficult task; less than 2 percent of all reported felonies lead to imprisonment. The exclusionary rule, which was created to restrain police from violating the law in the process of enforcing it, has been constantly extended. Guilty persons arrested without probable cause are set free as though innocent, while innocent persons arrested without probable cause derive no advantages from the rule. In addition, the rule is an open invitation to police corruption. Officers wishing an arrest to be ineffective or a conviction impossible need only commit 'errors' which will lead to the suppression of evidence. However, if the rule were eliminated and if courts were to notify authorities of the errors or unlawful acts of police officers, they would no need to supress evidence or free suspects. Two footnotes are included in the article.