NCJ Number
18130
Journal
JOURNAL OF CRIMINOLOGY AND CRIMINAL LAW Volume: 65 Issue: 3 Dated: (SEPTEMBER 1974) Pages: 373-384
Date Published
1974
Length
12 pages
Annotation
COMMENT WHICH EVALUATES SELECTED LEGAL COMMENTARIES PUBLISHED AT DIFFERENT STATES DURING THE DEVELOPMENT OF THE RULE AND ASSESSES THEIR IMPACT ON ITS DEVELOPMENT.
Abstract
CASE LAW REFERENCES PROVIDE THE JUDICIAL BACKGROUND NECESSARY TO DETECT ITS SIMILIARITIES OR DIFFERENCES WITH LEGAL COMMENTARY TRENDS. REVIEWED ARE THE ARGUMENTS ADVANCED IN FAVOR OF THE EXCLUSIONARY RULE AS A DETERRENT TO POLICE MISCONDUCT PRIOR TO THE 1961 SUPREME COURT DECISION IN MAPP V. OHIO, WHICH EXTENDED THE RULE TO ITS FULLEST APPLICATION BY HOLDING FEDERAL SEARCH AND SEIZURE STANDARDS APPLICABLE TO STATE COURTS. ALSO CONSIDERED ARE THE POST-MAPP ATTACKS ON THE EXCLUSIONARY RULE WHICH HAVE EVALUATED ITS FACTUAL JUSTIFICATION WITH DETAILED EMPIRICAL STUDIES, ASSERTED THAT IT DOES NOT DETER SEARCH AND SEIZURE IRREGULARITIES, AND PROPOSED ALTERNATIVES TO IT. THE AUTHOR CONCLUDES THAT A DECISION BY THE SUPREME COURT NARROWING OR ABOLISHING THE EXCLUSIONARY RULE 'WOULD NOT BE SURPRISING' IN VIEW OF THE RECENT LEGAL COMMENTARY TREND.