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Is the Exclusionary Rule Obsolete?


David Alan Sklansky


University of California, Berkeley - School of Law


Ohio State Journal of Criminal Law, Vol. 5, No. 2, 2008
UC Berkeley Public Law Research Paper No. 1138796

Abstract:     
This short essay, delivered as the 2007-2008 Blackmun Lecture at Ohio State University, considers the Supreme Court's suggestion in Michigan v. Hudson (2006) that developments in law enforcement since the 1960s have drastically undercut the need for the exclusionary rule. How does that notion square with what we know about the rule world of policing and criminal adjudication? Law enforcement has in fact changed substantially in recent decades, and largely for the better. Those changes may in fact justify significant shifts in how we think about and regulate the police. But simple considerations of scale, tied with anecdotal experience with the selective removal of the exclusionary sanction, cast doubt on the Court's suggestion.

Number of Pages in PDF File: 18

Keywords: police, exclusionary rule, Michigan v. Hudson, Supreme Court

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Date posted: June 2, 2008  

Suggested Citation

Sklansky, David Alan, Is the Exclusionary Rule Obsolete?. Ohio State Journal of Criminal Law, Vol. 5, No. 2, 2008; UC Berkeley Public Law Research Paper No. 1138796. Available at SSRN: http://ssrn.com/abstract=1138796

Contact Information

David Alan Sklansky (Contact Author)
University of California, Berkeley - School of Law ( email )
Boalt Hall
Berkeley, CA 94720-7200
United States
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