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NCJRS Abstract

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NCJ Number:	123488

Title:	Equivalent Deterrence as a Proposed Alternative to the Exclusionary Rule in Criminal Proceedings

Journal:	Criminal Justice Journal Volume:11 Issue:2 Dated:(Spring 1989) Pages:357-380

Author(s):	R M Hardaway

Date Published:	1989

Page Count:	23

Type:	Legislation/Policy Analysis

Format:	Article

Language:	English

Country:	United States of America

Annotation:	In light of heightened criticism of the exclusionary rule, this article examines possible alternatives that would provide deterrence and judicial integrity. The exclusionary rule is examined to illustrate its ineffectiveness in deterring police misconduct and protecting judicial integrity.

Abstract:	Alternatives to the exclusionary rule including internal police discipline, criminal prosecution, and civil redress are reviewed despite being rejected in previous Supreme Court decisions. Alternatives typically fail due to administrability problems or inability to deter police misconduct. An alternative is proposed that allows the prosecution the option of dropping the case, proceeding without the excluded evidence, or proposing a plan to the court that would compensate the defendant for the damage incurred due to the illegally obtained evidence and therefore proceeding with the illegal evidence. The alternative is characterized by equivalent deterrence in the sense that the sanction imposed for the violation would be proportional to the seriousness of the violation. This is an advantage over the exclusionary rule which excludes the evidence regardless of the seriousness of the violation. Finally, the alternative is claimed to have the advantage of deterring police conduct to the extent that the State and, ultimately, the public would be willing to pay compensation. 112 footnotes.

Main Term(s):	Exclusionary rule

Index Term(s):	Deterrence; Evidence; Police legal limitations



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NCJRS Abstract

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