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- Title
THE "NEW" EXCLUSIONARY RULE DEBATE: FROM "STILL PREOCCUPIED WITH 1985" TO "VIRTUAL DETERRENCE".
- Authors
Dripps, Donald A.
- Abstract
The article proposes an alternative to the exclusionary rule in the U.S. The author calls it a virtual deterrence approach wherein courts will exclude evidence pending a showing by the police that steps have been taken to deter violations. The idea behind this approach comes via a cost/benefit critique of the deterrence arguments of the Hudson v. Michigan and Herring v. United States cases. The author argues on the need to attribute the social cost of exclusion to the Fourth Amendment.
- Subjects
UNITED States; EXCLUSIONARY rule (Evidence); HUDSON v. Michigan (Supreme Court case); HERRING v. United States (Supreme Court case); SEARCHES &; seizures (Law); UNITED States. Constitution. 4th Amendment; PUNISHMENT in crime deterrence; UNITED States. Supreme Court
- Publication
Fordham Urban Law Journal, 2010, Vol 37, Issue 3, p743
- ISSN
0199-4646
- Publication type
Article