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NCJ Number: 90631
Title: Exclusionary Rule Symposium
Journal: South Texas Law Journal Volume:23 Issue:3 Dated:(1982) Pages:530-685
Editor(s): P P Webster
Date Published: 1982
Annotation: Eight articles and a transcript of a panel discussion of five of the papers focus on the origins and purpose of the exclusionary rule, theoretical arguments and empirical data from its supporters and detractors, and proposals for substitutes or modifications to the rule.
Abstract: A discussion of viable alternatives to the exclusionary rule focuses on a system under which the executive branch disciplines its own people, the creation of a civil tort remedy for victims of searches and seizures, and trials of police officers alleged to have made illegal searches. An advocate of the exclusionary rule argues that it should be preserved because it provides the public with symbolic reassurance that the Government is committed to the basic values of privacy, the rule of law, and fairness. An analysis of the basis of the rule notes that it is a rule of evidence rather than a mandate of the Constitution and that Congress may become increasingly likely to replace it with a more appropriate means of dealing with illegal searches and seizures. Other papers discuss applications of the rule in decisions of the United States Supreme Court and the Court of Criminal Appeals of Texas, possible modifications of the rule, the good faith exception to the rule, and the application of the rule to forfeiture proceedings. Each paper includes reference notes.
Index Term(s): Exclusionary rule; Right of privacy
Page Count: 95
Format: Article
Language: English
Country: United States of America
Note: Symposium held September 23, 1982
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