Justice Roberts, writing for the five-justice majority, framed the exclusionary rule as simply a judicial rule designed solely to deter police misconduct. In her Herring dissent, Justice Ginsburg alluded to a v
Footnote 173 Consequently, sentence reduction might not effectively deter police misconduct. It may, however, be effective against prosecutorial misconduct given the numerous incentives they have to pursue longer sentences.Footnote 174 Other arguments against sentence reduction are around the issue of ...
a regulated experiment - crafted and enacted into law by Congress pursuant to its Section 5 power to enforce the Fourteenth Amendment - whereby federal, state and local law enforcement agencies can operate free of the exclusionary rule if they develop internal mechanisms to deter police misconduct ...
officials who violate an exclusionary rule never learn whether or not the evidence they obtained is excluded.50 Some scholars have gone one step further and claim that the exclusionary rule incentivizes the police to perjure themselves in denying misconduct rather than deterring the misconduct itself....
government actors are obliged to honor the Constitution; otherwise, without a deterrent safeguardapplicable rule is nominal, if not apocryphal, because the rule does not deter police misconduct. A paramount rationale for the exclusionary rule is deterrence of po- lice misconductHarkins, Christopher A...
The Supreme Court has rejected the exclusionary rule as the default remedy for Fourth Amendment violations. This article analyses police motivations for violating the knock-and-announce rule, considers why current remedies are ineffective, and suggests enhanced judicial and administrative remedies.Hilton...
First, I debunk the myth that the contemporary exclusionary rule is constitutionally required in order to achieve several objectives, which include but are not limited to deterring future police misconduct. Second, I discredit the assertion that even if the rule is intended only to deter future ...
29 police in routine operations is also under the auspices of cantonal law.133 Cases of alleged police misconduct can be reported to the supervisory authority134 and, where the suspicion that a crime occurred can be substantiated, police will be prosecuted. The prosecution also exercises control ...
exclusionary rule- a rule that provides that otherwise admissible evidence cannot be used in a criminal trial if it was the result of illegal police conduct rule of evidence- (law) a rule of law whereby any alleged matter of fact that is submitted for investigation at a judicial trial is es...