NCJ Number
25267
Journal
Criminal Justice Quarterly Volume: 2 Issue: 2 Dated: (SPRING 1974) Pages: 73-87
Date Published
1974
Length
15 pages
Annotation
THIS ARTICLE DEFINES TRACES, AND EVALUATES THE COMPLEXITIES OF THE EXCLUSIONARY RULE THROUGH HISTORICAL ANALYSIS AND CASE STUDY AND DISCUSSES THE RULE'S PRESENT DAY VIABILITY AND ITS PROBABLE FUTURE.
Abstract
THE DISCUSSION IS LIMITED TO THE APPLICABILITY OF THE EXCLUSIONARY RULE TO THE FOURTH AMENDMENT, SINCE IT HAS ITS MOST FREQUENT APPLICATION IN THAT CONTEXT. SUPREME COURT DECISIONS (INCLUDING MAPP AND MIRANDA) ARE DISCUSSED IN THE HISTORICAL SURVEY. DECISIONS OF THE NEW JERSEY SUPREME COURT AND STATE COURTS ARE SHOWN TO FAVOR A MORE LIMITING INTERPRETATION OF THE EXCLUSIONARY RULE FOLLOWING ITS EXTENSION TO THE STATES THROUGH THE MAPP RULING. PROSPECTS FOR THE FUTURE OF THE EXCLUSIONARY RULE INDICATE THAT A TREND MAY BE DEVELOPING IN THE U.S. SUPREME COURT TOWARD A POLICY OF NARROW CONSTITUTIONAL INTERPRETATION REGARDING CRIMINAL PROCEDURE, THUS RETRACTING THE BROAD POLICY APPROACH OF THE LAST DECADE.