An Invitation to Dialogue: Exploring the Pepperdine Proposal to Move Beyond the Exclusionary Rule

17 Pages Posted: 15 Jan 2013

See all articles by Harry M. Caldwell

Harry M. Caldwell

Pepperdine University - School of Law

Carol A. Chase

Pepperdine University - School of Law

L. Timothy Perrin

Independent

Date Written: 1999

Abstract

The exclusionary rule is not inviolate. As the late Justice Blackmun suggested, if judicial understanding about the effects of the rule leads to the conclusions that it does not achieve the important goals that were its genesis and that it exacts an unacceptably high price from our criminal justice system, the challenge for courts and legislators is to find a better way.' Our 1998 article, If It's Broken, Fix It: Moving Beyond the Exclusionary Rule, (the Pepperdine Study), describes our extensive empirical study of the exclusionary rule and proposes a civil administrative remedy to partially replace the rule. In this symposium we have invited judges, practitioners, and academics to critique our study and our proposal with the goal of elevating the dialogue about the continuing efficacy of the exclusionary rule. First, however, we briefly review our empirical study of the rule and our proposed civil administrative remedy. Then, we present the thoughtful critiques and counter-proposals from our symposium participants. Finally, we respond to the critiques and argue in support of our proposal to radically reform the exclusionary rule.

Keywords: Exclusionary rule

Suggested Citation

Caldwell, Harry M. and Chase, Carol A. and Perrin, L. Timothy, An Invitation to Dialogue: Exploring the Pepperdine Proposal to Move Beyond the Exclusionary Rule (1999). Pepperdine Law Review, Vol. 26, No. 789, 1999; Pepperdine University Legal Studies Research Paper No. 2013/04. Available at SSRN: https://ssrn.com/abstract=2200629

Harry M. Caldwell (Contact Author)

Pepperdine University - School of Law ( email )

24255 Pacific Coast Highway
Malibu, CA 90263
United States

Carol A. Chase

Pepperdine University - School of Law ( email )

24255 Pacific Coast Highway
Malibu, CA 90263
United States

L. Timothy Perrin

Independent

No Address Available

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