Six observations on the exclusionary rule

Article Abstract:

The exclusionary rule should be eliminated. The rule is not mandated by the Constitution, but was created by the Court as a prophylactic measure. Moreover, the Fourth Amendment could be enforced through alternative measures that would be more effective. The exclusionary rule has resulted in loss of evidence in a large number of criminal cases; at a conservative estimate of two percent, the rule affects some 55,000 criminal prosecutions per year, resulting in dismissal of the case in a majority of instances. Complete abolition of the rule would be preferable to establishing a good-faith defense to the rule.

Laws, regulations and rules, Criminal procedure

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Victims and the exclusionary rule

Article Abstract:

The exclusionary rule has been applied disproportionately to protect the guilty at the great cost to society of having criminals go unpunished. The rule should be reexamined by Congress, and its effectiveness should be evaluated from the viewpoint of the victims of crime. The exclusionary rule is a remedy created by the judiciary, not one compelled by the Constitution, and thus can be changed by Congress. A good-faith exception, for example, could help to moderate the effect of the exclusionary rule.

Social aspects, Victims of crimes, Crime victims, Criminal justice, Administration of, Administration of criminal justice

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The virtues and vices of the exclusionary rule

Article Abstract:

The exclusionary rule's true costs and benefits have not been correctly evaluated. The exclusionary rule allows police conduct to be regulated without overdeterrence and enables the court to define the boundary of constitutional searches and seizures. In addition, the visibility of criminals who go free may act as a check by providing some accountability for judges. However, the rule also diverts attention and resources from the more important issues of guilt and innocence.

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