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Constitutional Law

Selected Works

1996

James W. Diehm

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New Federalism And Constitutional Criminal Procedure: Are We Repeating The Mistakes Of The Past?, James W. Diehm Dec 1995

New Federalism And Constitutional Criminal Procedure: Are We Repeating The Mistakes Of The Past?, James W. Diehm

James W. Diehm

More than thirty years have passed since the United States Supreme Court made these observations in the landmark case of Mapp v. Ohio." The Court, no doubt, thought it was putting an end to the wrenching problems that developed since it laid the groundwork for the exclusionary rule in Boyd v. United States in 1886. Although the merits of the exclusionary rule have been debated for many years and will be debated for years to come, the advent of the exclusionary rule raised important issues of federalism that were not resolved easily.