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2010

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Journal

Fordham Urban Law Journal

Fourth amendment

Articles 1 - 2 of 2

Full-Text Articles in Law

Instrumentalizing Jurors: An Argument Against The Fourth Amendment Exclusionary Rule, Todd E. Pettys Jan 2010

Instrumentalizing Jurors: An Argument Against The Fourth Amendment Exclusionary Rule, Todd E. Pettys

Fordham Urban Law Journal

In this symposium contribution, I contend that the application of the Fourth Amendment exclusionary rule in cases tried by juries raises troubling moral issues that are not present when a judge adjudicates a case on his or her own. Specifically, I argue that the exclusionary rule infringes upon jurors’ deliberative autonomy by depriving them of available evidence that rationally bears upon their verdict and by instrumentalizing them in service to the Court’s deterrence objectives. After considering ways in which those moral problems could be at least partially mitigated, I contend that the best approach might be to abandon the exclusionary …


Introduction To Symposium: The Future Of The Exclusionary Rule And The Aftereffects Of The Herring And Hudson Decisions, Barry Kamins Jan 2010

Introduction To Symposium: The Future Of The Exclusionary Rule And The Aftereffects Of The Herring And Hudson Decisions, Barry Kamins

Fordham Urban Law Journal

This article is an introduction the symposium, "The Future of the Exclusionary Rule and the Aftereffects of the Herring and Hudson Decisions," hosted by the Fordham Urban Law Journal. The symposium explored the effects of the Supreme Court’s decisions in Herring v. United States and Hudson v. Michigan—what the Supreme Court will do with the Rule in the future, as well as varying interpretations of what the Supreme Court should do. The federal exclusionary rule, which is approaching its 100th anniversary, was extended to the states almost fifty years ago by the Supreme Court in its landmark decision of Mapp …