NCJ Number
90367
Date Published
1982
Length
28 pages
Annotation
The testimony of the Police Executive Research Forum recommends an alternative to the exclusionary rule that places the responsibility for deterring unconstitutional police behavior upon police agencies.
Abstract
The Forum recommends that the judiciary change the focus of the exclusionary rule sanction from individual officers to the police departments involved. If police departments institute rules, training, and discipline which deter police constitutional violations, and the judiciary finds these efforts satisfactory, then the courts will not impose the exclusionary rule. If the court finds the police department has a history of 'good faith' efforts to deter officers from unconstitutional conduct, evidence will not be excluded. Sanctioning police officers for their misconduct will be left to the police department rather than the judiciary. The opportunity to avoid the imposition of the exclusionary rule will provide the incentive for police administrators to institute these measures. To demonstrate responsible efforts to curtail police misbehavior, police administrators must (1) develop departmental rules to guide officers in proper constitutional procedures, (2) institute effective programs to train officers in the proper procedures, and (3) maintain a history of disciplinary actions taken against officers who commit violations. The safeguards built into this proposal satisfy the objectives of those who seek elimination or modification of the rule as well as those who fear that curtailment of the rule will lead to an increase in constitutional violations by the police.