We found a match
Your institution may have rights to this item. Sign in to continue.
- Title
EXAMINING THE MODERN USE OF THE EXCLUSIONARY RULE AND THE DANGER OF ITS EXPANSION.
- Authors
Veneziano, Sabina
- Abstract
The exclusionary rule is a judicially-made remedy used by U.S. courts to suppress evidence obtained in violation of the U.S. Constitution in order to prevent it from being used against a defendant at trial. This doctrine was created in 1914 and was applied to the states in 1961. Over time this doctrine has been narrowed. Courts have replaced a blanket rule with a balancing test--looking to both the possibility of deterring unlawful police activity and the protection of society's interests. This article aims to address the emerging issue of whether the exclusionary rule should be applied to pretrial criminal proceedings. This article will analyze the pros and cons of the rule and apply those factors to a recent circuit split in U.S. courts to determine if the exclusionary rule should apply to such proceedings. This article will conclude that it is not reasonable to extend the doctrine to pretrial proceedings.
- Subjects
UNITED States; EXCLUSIONARY rule (Evidence); CRIMINAL procedure; COURTS
- Publication
Gonzaga Law Review, 2019, Vol 55, Issue 1, p73
- ISSN
0046-6115
- Publication type
Article