Similarly, states have adopted a variety of exclusionary rules.
provided but also the exclusionary rules that remedy violations of those
While these numbers may suggest that discretionary exclusionary rules tend to be rather feeble, data from Canada point in the other direction.
California now follows Herring, pursuant to a state constitutional amendment that requires state law exclusionary rules to directly track federal rules.
First, the Court has developed a gatekeeping rule of fault for individualized constitutional remedies ranging from constitutional tort to habeas to the exclusionary rule
By contrast, the rules regulating searches and seizures of evidence are reasonably clear as a result of the exclusionary rule
, which forbids the use of illegally obtained evidence in a criminal trial.
To this end, I examine four examples of the phenomenon: pious perjury in eighteenth-century England, fabrications of fault or domicile in order to obtain divorces prior to reforms of divorce laws in the 1960s and 1970s, post-Reconstruction white southern jury nullification, and the current widespread practice of police perjury to avoid the exclusionary rule
For a lawyer trained in the post-Warren Court era, it is difficult to hear the concerns about police methods that were raised repeatedly in the opinions in Sorrells and Sherman and not immediately start thinking about the exclusionary rule
The exclusionary rule
, as he sees it, probably has very little effect on police (non-testimonial) behavior".
Conceptually, the potential for limited admissibility inheres in our purpose-driven understanding of admissibility and exclusionary rules
171) The German criminal system in particular has been cited as one in which exclusionary rules
do not exist.
Presently, for example, courts tailor their interpretation of [section] 1983 and the exclusionary rule
to encourage changes in police behavior, yet civil service law, collective bargaining law, and federal and state employment discrimination law simultaneously discourage the same reforms, a phenomenon ignored by the academy.
The "feasibility" exception is one explicitly built in to many of the exclusionary rules
, including Federal Rule of Evidence 407.
87) Until Mapp overruled Wolf the states fashioned their own exclusionary rules
and exceptions; some states justified the admission of evidence obtained in violation of the Fourth Amendment when law enforcement acted in good faith.
Federal law creates three primary legal remedies for Fourth Amendment violations: the exclusionary rule
, civil damages against officers, and criminal prosecution.