Exclusionary Rule
The exclusionary rule is a legal principle in the United States, under constitutional law, which holds that evidence collected or analyzed in violation of the defendant's constitutional rights is sometimes inadmissible for a criminal prosecution in a court of law. This may be considered an example of a prophylactic rule formulated by the judiciary in order to protect a constitutional right. However, in some circumstances at least, the exclusionary rule may also be considered to follow directly from the constitutional language, such as the Fifth Amendment's command that no person "shall be compelled in any criminal case to be a witness against himself" and that no person "shall be deprived of life, liberty or property without due process of law".
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413 (1928), since the facts in the case were too vague to definitively rule on the question ... the Sorrells court had relied and instead grounded the entrapment defense, like the exclusionary rule, in the court's supervisory role over law enforcement ... And like the exclusionary rule, they would have had judges, not juries, decide whether a defendant had been entrapped as a matter of law ...
... the damage to that institution from the unprecedented extension of the exclusionary rule outweighs the benefit of any possible incremental deterrent effect." The issue. 897 (1984), the Supreme Court, applying the "good faith" rule, ruled that evidence seized by officers relying in good faith on a warrant was still ... United States (2009), that the exclusionary rule does not apply to evidence found due to negligence regarding a government database, as long as the arresting police officer ...
... The exclusionary rule as it has developed in the United States has been long criticized, even by respected jurists and commentators ... lasting principles of American law, was strongly opposed to the rule, stating that under the rule, "The criminal is to go free because the constable has blundered." In the 1970s, Dallin H ... Oaks, Malcolm Wilkey, and others called for the exclusionary rule to be abolished ...
... Justice Stevens took issue with the notion that the exclusionary rule served to deter only police misconduct ... Because the Fourth Amendment constrains the power of the sovereign, the exclusionary rule — the remedy for violating the Fourth Amendment — should "impose costs on that sovereign, motivating ... To say that the exclusionary rule did not apply in this situation was, therefore, not entirely accurate for Justice Stevens ...
... Ohio (1961), the Supreme Court created the exclusionary rule, which generally operates to suppress - i.e ... The exclusionary rule generates substantial social costs, which sometimes include setting the guilty free and the dangerous at large." In United States v ... Leon, the Supreme Court clarified that the exclusionary rule "operates as a judicially created remedy designed to safeguard Fourth Amendment rights generally through its deterrent effect, rather than a personal ...
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