Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Amendment

Criminal Law

: Fourth Amendment

New law reveiw article

By John Wesley Hall, Jr.

Opting for a Legislation Alternative to the Fourth Amendment Exclusionary Rule by Samuel Estreicher and Daniel P. Weick, both of NYU Law School, University of Missouri at Kansas City Law Review, Vol. 78, No. 4, Summer 2010, on SSRN. Abstract: Our proposal for an alternative to the exclusionary rule differs from others in that while damages actions play an important role, it proposes a regulated experiment--crafted and enacted into law by Congress pursuant to its Section 5 power to enforce the Fourteenth Amendment--whereby federal, state and local law enforcement agencies can operate free of the exclusionary rule if they develop internal mechanisms to deter police misconduct. The central focus would be on developing systematic police compliance with the Fourteenth Amendment rather than addressing individual violations.continue to full post

Full post as published by Fourth Amendment on January 20, 2010 (boomark / email).