It is Broken: Breaking the Inertia of the Exclusionary Rule

47 Pages Posted: 16 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

Change is hard. Inertia begets inertia. The American exclusionary Rule has been in place for thirty-eight years, meaning that two generations of lawyers have practiced in the wake of Mapp v. Ohio, and that the vast majority of criminal law practitioners have never practiced under any other rule. Naturally, any proposal to alter a long standing, entrenched rule in the criminal justice system will evoke serious challenge. Despite the mounting evidence that the Rule fails in its essential function, and the fact that the Rule exacts tremendous costs, the exclusionary rule survives mostly, it seems, because of inertia and the perceived absence of any viable alternatives.

Keywords: exclusionary rule

Suggested Citation

Caldwell, Harry M. and Chase, Carol A. and Perrin, L. Timothy, It is Broken: Breaking the Inertia of the Exclusionary Rule (1999). Pepperdine Law Review, Vol. 26, No. 971, 1999; Pepperdine University Legal Studies Research Paper No. 2013/05. Available at SSRN: https://ssrn.com/abstract=2201048

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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