Comparative Analysis of the Exclusionary Rule and Its Alternatives

Comment by Barry F. Shanks

The exclusionary rule is but one way of redressing violations of certain constitutional rights. It excludes otherwise admissible evidence from criminal trials where that evidence was illegally obtained by state officials or others acting within the ambit of state authority. This comment will examine the development of the exclusionary rule in the United States, focus on its purposes and perceived shortcomings, examine the treatment of illegally obtained evidence in selected foreign systems, and consider the applicability of those alternatives to the American judicial system. Finally, modifications in the United States criminal justice system will be suggested, and long range goals enumerated.


About the Author

Barry F. Shanks.

Citation

57 Tul. L. Rev. 648 (1983)