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The case for the contingent exclusionary rule
- Article from:
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The American Criminal Law Review
- Article date:
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January 1, 2001
- Author:
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Copyright informationCopyright Georgetown University Law Center Winter 2001. Provided by ProQuest LLC. (Hide copyright information)
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I. INTRODUCTION
Few debates in American law are as sustained, or as bitter, as the debate over the exclusionary rule. Critics have attacked the exclusion of unconstitutionally obtained evidence for compromising the pursuit of truth in adjudication,1 for exceeding the constitutional author
ity of the judiciary,2 and for fostering police perjury and judicial hypocrisy.3 Defenders have laid the blame for the "cost" of exclusion on the Fourth, Fifth, and Sixth Amendments that prohibit the acquisition of reliable evidence when complied with, rather than on the exclusionary rule which operates only when these substantive constitutional provisions are violated.4 Exclusionary rule advocates have ...
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