Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Is The Exclusionary Rule Dead?, Craig M. Bradley
Is The Exclusionary Rule Dead?, Craig M. Bradley
Articles by Maurer Faculty
In three recent decisions, Hudson v. Michigan, Herring v. United States, and last Term's Davis v. United States, the Supreme Court has indicated a desire to severely restrict the Fourth Amendment exclusionary rule. A majority of the Justices wants to limit its application to cases where the police have violated the Fourth Amendment purposely, knowingly, or recklessly, but not where they have engaged in "simple, isolated negligence" or where negligence is "attenuated" from the discovery of the evidence. They have further suggested that evidence should not be excluded where the police have behaved as reasonable policemen, using the approach from …
Innocence And Federal Habeas After Aedpa: Time For The Supreme Court To Act, Joseph L. Hoffmann
Innocence And Federal Habeas After Aedpa: Time For The Supreme Court To Act, Joseph L. Hoffmann
Articles by Maurer Faculty
No abstract provided.