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NCJ Number: 31663 Find in a Library
Title: RETROACTIVITY AND THE EXCLUSIONARY RULE - WHEN DO THE POLICIES UNDERLYING THE EXCLUSIONARY RULE WARRANT ITS RETROACTIVE APPLICATION - UNITED STATES V PELTIER
Journal: AMERICAN CRIMINAL LAW REVIEW  Volume:13  Issue:2  Dated:(FALL 1975)  Pages:317-333
Author(s): P G MORAN
Corporate Author: American Bar Association
United States of America
Date Published: 1975
Page Count: 17
Sponsoring Agency: American Bar Association
Format: Article
Language: English
Country: United States of America
Annotation: THE BALANCING TEST ESTABLISHED BY THIS CASE, TO DETERMINE THE RETROACTIVITY OR PROSPECTIVITY OF THIS DECISION WHICH ANNOUNCED A 'NEW' EXCLUSIONARY RULE, IS DESCRIBED.
Abstract: IF THE RELIABILITY AND RELEVANCY OF THE EVIDENCE IN QUESTION OUTWEIGH THE CONSIDERATIONS OF JUDICIAL INTEGRITY AND DETERRENCE THAT UNDERLIE THE EXCLUSIONARY RULE, THE EVIDENCE MAY BE ADMITTED. IN EVALUATING THE FURTHERANCE OF DETERRENCE IN A PARTICULAR CASE, THE COURT SHOULD SUPPRESS THE EVIDENCE ONLY IF THE ENFORCEMENT OFFICIAL KNEW OR MAY BE CHARGED WITH KNOWING THAT HIS CONDUCT WAS UNCONSTITUTIONAL. (AUTHOR ABSTRACT)
Index Term(s): Exclusionary rule; Judicial decisions; Rules of evidence; US Supreme Court
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=31663

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