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NCJ Number: 98398 Add to Shopping cart Find in a Library
Title: Exclusionary Rule in Criminal Trials - Oversight Hearings Before the House Subcommittee on Criminal Justice, March 10 and April 20, 1983
Corporate Author: US Congress
House Subcommittee on Criminal Justice
United States of America
Date Published: 1983
Page Count: 241
Sponsoring Agency: National Institute of Justice/
Rockville, MD 20849
NCJRS Photocopy Services
Rockville, MD 20849-6000
US Congress
Washington, DC 20515
Sale Source: National Institute of Justice/
NCJRS paper reproduction
Box 6000, Dept F
Rockville, MD 20849
United States of America

NCJRS Photocopy Services
Box 6000
Rockville, MD 20849-6000
United States of America
Document: PDF
Type: Legislative Hearing/Committee Report
Language: English
Country: United States of America
Annotation: These oversight hearings before the House Subcommittee on Criminal Justice examine the operation of the exclusionary rule as an enforcement mechanism for the fourth amendment protection against unreasonable searches and seizures.
Abstract: Testimony and prepared statements examine the rule's costs and benefits to society. Issues considered include the effects of the rule on law enforcement efforts and police misconduct, the extent to which suppression motions lead to the dismissal of cases against guilty defendants, and the nature of cases in which the rule is at issue. The rule's deterrence of police misconduct and enhancement of police concern for the constitutional rights of citizens is discussed, as are other purposes served by the rule. Alternative methods of enforcing fourth amendment rights and their effectiveness are considered. Also discussed are the costs and benefits of modifying the rule to allow for good faith, reasonable mistakes of law and fact. Finally, whether the exclusionary rule is a proper subject for legislation, or whether it is a constitutionally mandated rule to be changed only by the courts or constitutional amendment, is considered. The majority of the testimony supports the exclusionary rule as a necessary protection against the invasion of privacy.
Index Term(s): Exceptions to exclusionary rule; Exclusionary rule; Police legal limitations; Right of privacy; Rules of evidence; Search and seizure laws; US House of Representatives
Note: Serial number 157.
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