Week 7 exclusionary - Week 7 notes: exclusionary rule....

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Week 7 notes: exclusionary rule. Supporters of the exclusionary rule usually argues 4 points. 1) The rule preserves judicial integrity, by insulating the courts from tainted evidence 2) The rule prevents the government from profiting from its own wrong 3) The rule is not costly, because it only excludes what should never have been obtained in the first place 4) The rule is necessary to deter police misconduct But opponents of exclusionary rule argue: 1) To protect judicial integrity, court must open their eyes to the evidence, and use civil suits against wayward government officials. 2) Society also cherishes the notion that cheaters, murderes, rapist, should not prosper. 3) Criminals free is the cost of the 4 th amendment. Also they could’ve gotten a warrant, so the item could have been obtained later on. Ways to deter police misconduct: 1) Liquidate damages/penalty for all unconstitutional actions, preferably based on the average officer’s salary 2) Personal liability, of officers who knowingly or recklessly violates the fourth amendment 3) Entity liability for all other violations 4) State-paid legal assistance for those with 4 th amendment claims 5) Judicial decision maker Alternatives to exclusion 1) Civil Damage recovery a. Hard to win for criminals, especially against cops a.i. Cops also have immunity at times a.ii. Hard to win due to reputation. Cop vs. criminal. b. Usually the suits are of nominal amounts. c. Has to hop that the officer has the ability to pay, because it is not charged against the department. Suggestions to strengthen the civil damage remedy to abolish the exclusionary remedy. 1) Make government liable for illegal police behavior 2) Have damage multipliers and punitive damages available 3) Claims for small damage amounts should be entitled to reasonable attorney’s fees, and possibility for class action consolidation
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Week 7 exclusionary - Week 7 notes: exclusionary rule....

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