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- Title
The U.S. Supreme Court's Effect on Policy: The Exclusionary Rule.
- Authors
Carpenter, Matthew J.
- Abstract
The U.S. Supreme Court has a significant role and a strong influence in the policymaking process of the criminal justice system and the police. Illegally obtained evidence by law enforcement is inadmissible in criminal court proceedings as a result of the Exclusionary Rule. The Exclusionary Rule dates back to 1914 starting with Weeks v. United States (1914). Supreme Court decisions have established precedent that affect and/or create policy that must be followed by criminal justice system members. It continues to both refine and define policy in regard to evidence collection and admissibility. Additional Supreme Court decisions have further developed these types of policies, such as Silverthorne Lumber Co. v. United States (1920) and Wolf v. Colorado (1949), to what is widely considered the landmark case involving the Exclusionary Rule of Mapp v. Ohio (1961). The Supreme Court incorporated the Exclusionary Rule to the states; however, it did not incorporate the Exclusionary Rule exceptions as determined in United States v. Leon (1984) to the states. These and all other decisions by the Supreme Court directly affect public policy that members of the criminal justice system, including the police, are obligated to follow. As stated by Marion and Oliver (2012), this creation of policy that must be followed changes the role of the courts from merely reviewing the constitutionality of laws to becoming a "superlegislature" that creates laws with little oversight and very limited political involvement (p. 345).
- Subjects
CRIMINAL justice policy; UNITED States. Supreme Court; EXCLUSIONARY rule (Evidence); POLICE misconduct; UNITED States. Constitution. 4th Amendment
- Publication
Law Enforcement Executive Forum, 2018, Vol 18, Issue 4, p14
- ISSN
1552-9908
- Publication type
Article
- DOI
10.19151/leef.2018.1804.b