exclusionary rule

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exclusionary rule

n.
The rule, based upon the Fourth Amendment to the US Constitution, that prevents the use of illegally seized evidence against a defendant in a criminal trial.

exclu′sionary rule`


n.
a rule that forbids the introduction of illegally obtained evidence in a criminal trial.
[1955–60]
ThesaurusAntonymsRelated WordsSynonymsLegend:
Noun1.exclusionary rule - a rule that provides that otherwise admissible evidence cannot be used in a criminal trial if it was the result of illegal police conductexclusionary rule - a rule that provides that otherwise admissible evidence cannot be used in a criminal trial if it was the result of illegal police conduct
rule of evidence - (law) a rule of law whereby any alleged matter of fact that is submitted for investigation at a judicial trial is established or disproved
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While impeachment is a constitutional process, it is subject to certain constitutional limitations, such as the due process clause, the right against self-incrimination clause, the right to confront witnesses clause, and the exclusionary rules of
Modern exclusionary rules across a number of common-law and civil-law jurisdictions are converging towards a balancing approach.
Exclusionary rules in these contexts do not, strictly speaking, remedy the privacy, dignity, and security harms that the relevant constitutional provisions seek to prevent, but rather have been explained as vehicles for deterrence.
Dawson, StateCreated Exclusionary Rules in Search and Seizure: A Study of the Texas Experience, 59 Tex.
Rudolph Pearl, the public defender, responding to the Attorney General's complaints about the appellate court's exclusionary rule decisions, argued that "the practical root cause of the difficulties with the exclusionary rules is the lack of good faith on the part of the judiciary and law enforcement officers in enforcing the rules.
In the 1960s, the Court incorporated most of the Bill of Rights to the states through the Due Process Clause of the Fourteenth Amendment and expanded the exclusionary rules of evidence as part of that process.
Exclusionary rules which are closely related in their rational also provide remedies when the illegal conduct of the police involves interrogation.
8) The analysis begins in Part II with an overview of the role of limited admissibility in evidentiary regulation, including its relationship to our larger system of exclusionary rules, the psychological findings that cast doubt on the efficacy of limiting instructions, and the conceptual difficulties limited admissibility can create.
165) Furthermore, the American system of exclusionary rules has been criticized as being too restrictive, technical, and truth defeating (166) and that "the objective of reaching a true and just result in any particular case" is subordinated by those "truth-defeating changes" in criminal procedure.
Economists argue that in order for policymaking to be effective, an inclusionary knowledge governance approach is needed to supersede the exclusionary nature of the existing intellectual property regime, and that such an approach requires policymakers to counteract the globally produced and corporate sponsored exclusionary rules and regulations.
213) State exclusionary rules and civil actions are sometimes weaker than their federal analogs but face the same disadvantages with respect to reducing misconduct.