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1. The Fourth Amendment Exclusionary Rule

James J. Tomkovicz

in Constitutional Exclusion: The Rules, Rights, and Remedies that Strike the Balance Between Freedom and Order

Published in print:
2011
Published Online:
May 2011
ISBN:
9780195369243
eISBN:
9780199893409
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195369243.003.0009
Subject:
Law, Constitutional and Administrative Law

This chapter addresses the most prominent exclusionary rule, the Fourth Amendment doctrine commanding the suppression of evidence acquired from unreasonable searches or seizures. This rule emerged in ... More


The Burger Court: Uncoupling the Exclusionary Rule from the Constitution

Tracey Maclin

in The Supreme Court and the Fourth Amendment's Exclusionary Rule

Published in print:
2012
Published Online:
May 2013
ISBN:
9780199795475
eISBN:
9780199979684
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199795475.003.0050
Subject:
Law, Criminal Law and Criminology, Human Rights and Immigration

This chapter focuses on how the appointment of Warren E. Burger as Chief Justice of the United States led to the significant curtailment of the scope of the exclusionary rule. It addresses the ... More


3. The Miranda Exclusionary Rule

James J. Tomkovicz

in Constitutional Exclusion: The Rules, Rights, and Remedies that Strike the Balance Between Freedom and Order

Published in print:
2011
Published Online:
May 2011
ISBN:
9780195369243
eISBN:
9780199893409
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195369243.003.0011
Subject:
Law, Constitutional and Administrative Law

This chapter explores the Miranda exclusionary rule, which is based on the Fifth Amendment Privilege—the right not to be compelled to be a witness against oneself. The bar to confessions prescribed ... More


The Warren Court on Exclusion: Mapp v. Ohio, then Retreat

Tracey Maclin

in The Supreme Court and the Fourth Amendment's Exclusionary Rule

Published in print:
2012
Published Online:
May 2013
ISBN:
9780199795475
eISBN:
9780199979684
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199795475.003.0011
Subject:
Law, Criminal Law and Criminology, Human Rights and Immigration

This chapter examines the significance of Mapp v. Ohio. Mapp was the first decision to interpret the Due Process Clause to impose on the states the same substantive constitutional criminal procedure ... More


Constitutional Exclusion: The Rules, Rights, and Remedies that Strike the Balance Between Freedom and Order

James J. Tomkovicz

Published in print:
2011
Published Online:
May 2011
ISBN:
9780195369243
eISBN:
9780199893409
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195369243.001.0001
Subject:
Law, Constitutional and Administrative Law

The Supreme Court's interpretations of constitutional guarantees have produced seven “exclusionary rules” which prevent prosecutors from introducing evidence of guilt in criminal trials. By requiring ... More


The Influence of Felix Frankfurter

Tracey Maclin

in The Supreme Court and the Fourth Amendment's Exclusionary Rule

Published in print:
2012
Published Online:
May 2013
ISBN:
9780199795475
eISBN:
9780199979684
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199795475.003.0010
Subject:
Law, Criminal Law and Criminology, Human Rights and Immigration

The effect of Weeks and Silverthorne Lumber was that evidence obtained from an unreasonable search and seizure could not be used in a federal prosecution. This judgment—that the exclusionary rule is ... More


The Court Rushing to Limit Application of the Exclusionary Rule “somewhere, anywhere&”

Tracey Maclin

in The Supreme Court and the Fourth Amendment's Exclusionary Rule

Published in print:
2012
Published Online:
May 2013
ISBN:
9780199795475
eISBN:
9780199979684
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199795475.003.0013
Subject:
Law, Criminal Law and Criminology, Human Rights and Immigration

This chapter focuses on efforts to restrict the scope and application of the exclusionary rule. While Chief Justice Burger did not convince his colleagues to repeal the exclusionary rule in Stone v. ... More


The Rehnquist and Roberts Courts: Making the Exclusionary Rule Largely Irrelevant

Tracey Maclin

in The Supreme Court and the Fourth Amendment's Exclusionary Rule

Published in print:
2012
Published Online:
May 2013
ISBN:
9780199795475
eISBN:
9780199979684
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199795475.003.0016
Subject:
Law, Criminal Law and Criminology, Human Rights and Immigration

This chapter focuses on the scope and application of the exclusionary rule in the Rehnquist and Roberts Courts. Several cases are discussed including James v. Illinois, Brown v. Illinois, Dunaway v. ... More


The Supreme Court and the Fourth Amendment's Exclusionary Rule

Tracey Maclin

Published in print:
2012
Published Online:
May 2013
ISBN:
9780199795475
eISBN:
9780199979684
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199795475.001.0001
Subject:
Law, Criminal Law and Criminology, Human Rights and Immigration

The application of the Fourth Amendment's Exclusionary Rule has divided the Justices of the Supreme Court for nearly a century. As the legal remedy for when police violate the Fourth Amendment rights ... More


4. The Massiah Doctrine: Sixth Amendment Exclusion of Confessions

James J. Tomkovicz

in Constitutional Exclusion: The Rules, Rights, and Remedies that Strike the Balance Between Freedom and Order

Published in print:
2011
Published Online:
May 2011
ISBN:
9780195369243
eISBN:
9780199893409
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195369243.003.0012
Subject:
Law, Constitutional and Administrative Law

This chapter considers the third constitutional bar to confessions—the exclusion doctrine announced in 1964 in Massiah v. United States. The Massiah doctrine, based on the Sixth Amendment right to ... More


The Good-Faith Exception

Tracey Maclin

in The Supreme Court and the Fourth Amendment's Exclusionary Rule

Published in print:
2012
Published Online:
May 2013
ISBN:
9780199795475
eISBN:
9780199979684
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199795475.003.0014
Subject:
Law, Criminal Law and Criminology, Human Rights and Immigration

This chapter examines the good-faith exception. By 1981, the majority of the Supreme Court shared Justice White's objective to the bar application of the exclusionary rule when police acted in the ... More


Precedent

Lackland H. Bloom

in Methods of Interpretation: How the Supreme Court Reads the Constitution

Published in print:
2009
Published Online:
September 2009
ISBN:
9780195377118
eISBN:
9780199869510
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195377118.003.0007
Subject:
Law, Constitutional and Administrative Law

This chapter explores the Court's use of precedent. First, it examines the line of precedent involving the rejection then adoption and finally restriction of the exclusionary rule under the Fourth ... More


PROCEDURE: Implicit Proportionality Limits on Police Powers and Defendant Rights

E. Thomas Sullivan and Richard S. Frase

in Proportionality Principles in American Law: Controlling Excessive Government Actions

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195324938
eISBN:
9780199869411
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195324938.003.0006
Subject:
Law, Constitutional and Administrative Law

This chapter examines the many examples of constitutional and subconstitutional criminal procedure rules incorporating ends-benefits and/or alternative-means proportionality principles. The ... More


5. Sixth Amendment Exclusion of Eyewitness Identifications

James J. Tomkovicz

in Constitutional Exclusion: The Rules, Rights, and Remedies that Strike the Balance Between Freedom and Order

Published in print:
2011
Published Online:
May 2011
ISBN:
9780195369243
eISBN:
9780199893409
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195369243.003.0013
Subject:
Law, Constitutional and Administrative Law

This chapter describes the Wade–Gilbert Sixth Amendment right to counsel-based exclusionary rule that appeared in 1967 and has not been discussed by the Supreme Court since 1977. It suppresses ... More


The Admissibility of Expert Evidence: (1) Evidentiary Reliability

MIKE REDMAYNE

in Expert Evidence and Criminal Justice

Published in print:
2001
Published Online:
January 2010
ISBN:
9780198267805
eISBN:
9780191714856
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198267805.003.0005
Subject:
Law, Criminal Law and Criminology

This chapter examines the rules of evidence governing the admissibility of expert evidence in criminal trials, focusing on the ways in which English evidence law does, or might, set reliability ... More


The Basis for Excluding Liability for Economic Loss in Tort Law

PETER BENSON

in The Philosophical Foundations of Tort Law

Published in print:
1997
Published Online:
March 2012
ISBN:
9780198265795
eISBN:
9780191682971
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198265795.003.0020
Subject:
Law, Philosophy of Law

This chapter focuses on the so-called exclusionary rule and the basis for excluding liability for economic loss in tort law. It examines five different situations into which economic loss cases can ... More


The Fourth Amendment Means that Illegally Acquired Evidence “shall not be used at all”

Tracey Maclin

in The Supreme Court and the Fourth Amendment's Exclusionary Rule

Published in print:
2012
Published Online:
May 2013
ISBN:
9780199795475
eISBN:
9780199979684
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199795475.003.0009
Subject:
Law, Criminal Law and Criminology, Human Rights and Immigration

This chapter focuses on two cases, Boyd v. United States and Weeks v. United States, which established the foundation for what would become the rule that individuals were entitled to keep illegally ... More


Expert Evidence and Criminal Justice

Mike Redmayne

Published in print:
2001
Published Online:
January 2010
ISBN:
9780198267805
eISBN:
9780191714856
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198267805.001.0001
Subject:
Law, Criminal Law and Criminology

As an increasing range of expert evidence becomes available to it, the criminal justice system must answer a series of challenging questions: should experts be permitted to give evidence on the ... More


Warren Burger’s Triumph

Tracey Maclin

in The Supreme Court and the Fourth Amendment's Exclusionary Rule

Published in print:
2012
Published Online:
May 2013
ISBN:
9780199795475
eISBN:
9780199979684
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199795475.003.0015
Subject:
Law, Criminal Law and Criminology, Human Rights and Immigration

This chapter discusses exceptions to the exclusionary rule. It considers the independent source rule and inevitable discovery exception, analyzing their similarities and differences. Currently, there ... More


Conclusion

Tracey Maclin

in The Supreme Court and the Fourth Amendment's Exclusionary Rule

Published in print:
2012
Published Online:
May 2013
ISBN:
9780199795475
eISBN:
9780199979684
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199795475.003.0017
Subject:
Law, Criminal Law and Criminology, Human Rights and Immigration

This chapter presents some final thoughts. It notes that despite widespread admiration of Justice Holmes's judicial and legal contributions, opponents of the exclusionary rule rarely acknowledge, and ... More


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