exclusionary rule impact on criminal cases

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1.520 documents for exclusionary rule impact on criminal cases

- Davis v. United States, 564 U.S. (2011)
... bare text, this Court created the exclusionary rule, adeterrent sanction that bars the prosecutio... proved difficult to apply, particularly in cases that involved searches "inside [of] automobile[s] ... compensatory dispensation to the injured criminal" (internalquotation marks omitted)). The rule's s.... . sharply limit the impact of newly-announcedrules"). The good-faith exceptio...
- U.S. Supreme Court
- United States v. Raddatz, 447 U.S. 667 (1980)
... . Prior to his trial on federal criminal charges, respondent moved to suppress certain incr... hearings in federal habeas corpus cases. Congress amended the Act "in order to clarify and...160, 172-174 (1949); Fed. Rules Evid. 104 (a), 1101 (d) (1). Furthermore, although...GAO, Impact of the Exclusionary Rule on Federal Criminal Prose...
- U.S. Supreme Court
- Davis v. United States: why the Supreme Court should preserve judicial integrity and prevent further erosion of the exclusionary rule.
... a newly declared constitutional rule to criminal cases pending on direct review violates basic norm..., the current composition of the Court will impact the outcome of this appeal. Usually, the justices ...
- Faulkner Law Review
- Vol. 2 Nbr. 2, March 2011

- Fourth Amendment: Search And Seizure
...Most famous of the English cases was Entick v. Carrington , one of a series of civ... rather than only those alleged to be criminal in nature "contrary to the genius of the law of En... to an arrest and adopted the "cardinal rule that, in seizing goods and articles, law enforceme... practice and the likely extent of its impact on the individual's sense of security balanced aga... of self-incrimination and other exclusionary rules to the States and the heightening of their s...
- Constitution of the United States (Annotated)
- Herring v. United States, 555 U. S. ____ (2009)
... District Court concluded that the exclusionary rule did not apply and denied the motion to suppre... Our cases establish that such suppression is not an automati... that “offends basic concepts of the criminal justice system.” Leon, supra, at 908. “[T]he r...But the “most serious impact” of the Court’s holding will be on innocent perso...
- U.S. Supreme Court
- From colorblindness to antibalkanization: an emerging ground of decision in race equality cases.
... on the Law and Politics of Disparate Impact Law B. The Ricci Facts C. Ambiguities in Ricci's H... of race in the apprehension of criminal suspects. . Part 1 of the Article derives the anti... anticlassification principle associate the rule against classifying by race with a value commonly ... the facially neutral but racially exclusionary requirements were job-related, the Court did not e...
- Yale Law Journal
- Vol. 120 Nbr. 6, April 2011
- Lego v. Twomey: the improbable relationship between an obscure Supreme Court decision and wrongful convictions.
... the various constitutionally based exclusionary doctrines, which, in part, led the Court to craft ...proceeding in criminal cases in which a defendant seeks to prevent the introduc...(25) . The rules governing suppression hearings differ from those g... of proofs," given its generally decisive impact on the jury's decision. (174) In short, confession...
- American Criminal Law Review
- Vol. 47 Nbr. 3, June 2010
- The constitutionality of social cost.
...The Exclusionary Rule and its Good Faith Exception 2. Miranda v. Ar...(11) . Procedural rights during the criminal trial--including the right to grand jury indictmen..., the Court has explicitly, and in many cases, implicitly, balanced this reciprocal relationship... routinely lays down bright-line rules that impact public safety in areas arguably outside the compet...
- Harvard Journal of Law & Public Policy
- Vol. 34 Nbr. 3, June 2011
- The law and economics of the exclusionary rule.
... the principal remedy of constitutional criminal procedure, and also its most controversial element... exclusively in terms of its actual impact in deterring future police violations of the Fourt... on a nonrandom, unrepresentative sample of cases. . Attempts have been made to measure the effect o...
- Notre Dame Law Review
- Vol. 87 Nbr. 2, December 2011
- Hudson v. Michigan, 547 U. S. (2006)
... Fourth Amend- ment's "knock-and-announce" rule. The trial court granted Hudson's motion to suppre..., the only issue is whether the exclusionary rule is appropriate for such a violation. Pp. 2-3.... entails-the risk of releasing dangerous criminals-imposing such a massive remedy would generate a co... violence against the officers in some cases, and the destruction of evidence in others. Next t... rule exception, notwithstanding the impact of such an exception on deterrence. Indeed, such a...
- U.S. Supreme Court