NCJ Number
88016
Date Published
1981
Length
21 pages
Annotation
In the United States, the protection of the rights of defendants, citizens, and investigating officials rests on exclusionary rules which impose sanctions for unconstitutional or illegal investigatory acts, measures for protecting victims and witnesses, and special proceedings such as judicial orders to aid criminal investigation.
Abstract
The exclusionary rule initially stemmed from the Fourth Amendment prohibition against unreasonable searches and seizures. Since the 1961 decision in Mapp v. Ohio, the rule has applied to the States. Until modifications in the several rules began to appear in 1974, exclusionary rules were subject to change only through the U.S. Supreme Court or constitutional amendments. The Court is unlikely to abolish the rule, even if effective alternative remedies begin to be developed. The ombudsman position may be the most practical way of satisfying citizens with complaints against the police. However, the emphasis on police misconduct and its impact on criminal defendants has diverted attention from the protection of victims, witnesses, and other citizens necessary to the effective administration of justice. The American Bar Association has recommended several measures to deal with this problem, with emphasis on the police and the prosecutors' roles. Special proceedings to aid criminal investigations include judicial orders for the acquisition of evidence, further encouragement to citizen cooperation with investigations, and grants of immunity to witnesses needed by the prosecution. A total of 107 footnotes are provided.