Understanding Criminal Procedure
ISBN-13: 9780326184232
Publisher: LexisNexis
Publication Date:4/4/2013
This book provides a fundamental indebt analysis of the Exclusionary Rule. It begins by taking the reader through a historical analysis of the 4th Amendment to the Constitution and provides the basic cases that establish the Exclusionary Rule on both the Federal and State level. Next it conducts an analysis of the justification and rational of the rule that can be very helpful later when readers are trying to understand the exceptions to the rule. Unlike other secondary sources, the book addresses the debate over the Exclusionary Rule's constitutionality and provides the opinions from various critics as well as weighing the costs and benefits of the application of the Exclusionary Rule. It also discusses the exceptions to the rule as well as the Fruit of the Poisonous Tree Doctrine and gives readers instruction on how to identify the tree and the fruit of the tree.
United States Supreme Court Cases and Comments
Section 1-1 of this treatises provides an analysis that walks the reader though the creation, scope and other important aspects of the exclusionary rule. 1-1 United States Supreme Court Cases and Comments P 1.13. It brings up other important issues that are more complex than the above book like how the rule applies to deportation proceedings, standing issues, and when there is a basis for withholding the rule. It also give the reader an expansive analysis of the exceptions to the Exclusionary Rule. Further, this source also provides the reader with the procedure for drafting and submitting a timely motion to suppress.
Unraveling the Exclusionary Rule: FromLeon to Herring to Robinson—And Back?
David H. Kaye, 58 UCLA L. Rev. Disc. 207
The main issue of this article is the evolution and continued application of the "Good Faith" exception to the exclusionary rule. While there is some California cases mentioned in this article, it is extremely useful for understanding the exception and its continued expansion by the court. It points out potential problems with the rule as it is currently applied and suggest four potential solutions to that problem
To Exclude or Not to Exclude: The Future of the Exclusionary Rule After Herring v. United States
Matthew Allan Josephson, 43 Creighton L. Rev. 175
This article discusses in great detail Herring v. United States, and its grave consequences on the future of the exclusionary rule. The article also gives a good background of the good faith exception to the exclusionary rule and how it functions in modern courts.
Whenever one begins to research law, it is a good idea to start in the most general place, like a legal encyclopedia and work down the specifics; cases. This tab will examine some legal encyclopedia and other good places for students and other researches to begin
Corups Juris Secundum (CJS) is a multi-volume series that is always a good place to begin. CJS will provide a basic overview of the law and familiarize those new to the subject with its basic principles of a subject of law. The section linked to the picture explains the basic purpose of the exclusionary rule as well as how and when the exclusionary rule should apply. Also contained in the section are links to cases that may aid readers in their research. Additionally, it makes the reader aware that the Exclusionary Rule does not apply in private civil actions.
American Jurisprudence functions in a very similar way as CJS in that it arms the reader with the basic knowledge he or she needs to begin researching a topic. Clicking on the picture above will take the reader to a section that generally explains the exclusionary rule. This section explains what the rule is, its purpose and speaks of the social cost involved with applying the rule. Further, it provides some exceptions to the exclusionary rule that have been judicially created. It should be noted that this section provides more cases than its CJS counterpart.
American Law Reports (ALR) is yet another great place for one to begin their research. Like American Jurisprudence and CJS will get readers acquainted with the basic tenants of the exclusionary rule. The picture above contains a like that will take readers to a section that discusses in detail the purpose of the rule and how it functions in the real world. It explains how the exclusionary rule is not contained in the constitution, but rather, a prudential doctrine. It focuses on the deterring aspect of the rule and provides many cases that will be sure to aid readers.
ISBN-13: 9780199795475
Publisher: Oxford University Press
Publication date: 11/22/2012
"Many law review articles describe the state of the law or critique the results of particular rulings. My book focuses on the thoughts and motivations of the Justices when they were deciding questions about the exclusionary rule. Although there is some criticism of the Justices’ rulings, that is not the focus of the book. Rather, my goal is to objectively describe what the Justices were thinking as they decided the cases. Rarely do law review articles examine the motivations behind the Justices as revealed in their private papers." Orin Kerr, Ask the Author: Tracey Maclin on the Court and the Fourth Amendment, SCOTUS Blog (January 3, 2013, 11:06 am) http://www.scotusblog.com/2013/01/ask-the-author-tracey-maclin-on-the-court-and-the-fourth-amendment/.
ISBN-13: 9789400753471
Publisher: Springer-Verlag New York, LLC
Publication date: 12/30/2012
"This book is a comparative study of the exclusion of illegally gathered evidence in the criminal trial , which includes 15 country studies, a chapter on the European Court of Human Rights, and a comparative synthetic conclusion. No other book has undertaken such a broad comparative study of exclusionary rules, which have now become a world-wide phenomenon. The topic is one of the most controversial in criminal procedure law, because it reveals a constant tension between the criminal court’s duty to ascertain the truth, on the one hand, and its duty to uphold important constitutional rights on the other, most importantly, the privilege against self-incrimination and the right to privacy in one's home and one's private communications." Springer-Verlag Publishing, http://www.springer.com/law/book/978-94-007-5347-1(last visited July 20, 2013).
