I begin by outlining a set of traditional justifications for exclusionary rules
. I then assess how the Grant framework incorporates these rationales, before critiquing the SCC's choice of principles for excluding evidence under subsection 24(2).
Culpability: Questioning the New Exclusionary Rules
, 66 FLA.
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
Modern exclusionary rules
across a number of common-law and civil-law jurisdictions are converging towards a balancing approach.
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.
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." (158) Pearl included judges in the problem, claiming that "a policeman learns that if he lies on the witness stand his testimony will be accepted by the judge." (159) In 1985, an article titled The System Covers Up for Police Perjurers was featured in major U.S.
The discussion in this paper revolves around the general nature of exclusionary rules
' discerned by the judicial decisions viz: Mapp vs Ohio (1961) where by the discretionary behavior of the police is scrutinized in detail.
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
The "feasibility" exception is one explicitly built in to many of the exclusionary rules
, including Federal Rule of Evidence 407.
(87) Until Mapp overruled Wolf the states fashioned their own exclusionary rules
and exceptions; some states justified the admission of evidence obtained in violation of the Fourth Amendment when law enforcement acted in good faith.
Under the current good-faith exception to the exclusionary rule
, federal courts must also determine whether an officer relied upon local appellate precedent at the time of the search.
Federal law creates three primary legal remedies for Fourth Amendment violations: the exclusionary rule
, civil damages against officers, and criminal prosecution.