If It's Broken, Fix It: Moving Beyond the Exclusionary Rule: A New and Extensive Empirical Study of the Exclusionary Rule and a Call for a Civil Administrative Remedy to Partially Replace the Rule

98 Pages Posted: 5 Feb 2013

See all articles by Harry M. Caldwell

Harry M. Caldwell

Pepperdine University - School of Law

L. Timothy Perrin

Independent

Carol A. Chase

Pepperdine University - School of Law

Roland Fagan

Pepperdine University

Date Written: 1999

Abstract

This article undertakes two significant tasks. First, we present our empirical study of the effects and costs of the exclusionary rule The study is one of the largest ever conducted focusing on police officers' descriptions of the impact of the exclusionary rule on their work. Over 450 law enforcement officials participated it the study, providing important new information and insights about the rule's effectiveness. Second, we call for a move beyond the exclusionary rule in all but the most egregious instances of police misconduct, and in its place we propose a civil administrative remedy for instances of illegal conduct by the police.

Keywords: exclusionary rule, law enforcement

Suggested Citation

Caldwell, Harry M. and Perrin, L. Timothy and Chase, Carol A. and Fagan, Roland, If It's Broken, Fix It: Moving Beyond the Exclusionary Rule: A New and Extensive Empirical Study of the Exclusionary Rule and a Call for a Civil Administrative Remedy to Partially Replace the Rule (1999). Iowa Law Review, Vol. 83, No. 669, 1999. Available at SSRN: https://ssrn.com/abstract=2211784

Harry M. Caldwell (Contact Author)

Pepperdine University - School of Law ( email )

24255 Pacific Coast Highway
Malibu, CA 90263
United States

L. Timothy Perrin

Independent

No Address Available

Carol A. Chase

Pepperdine University - School of Law ( email )

24255 Pacific Coast Highway
Malibu, CA 90263
United States

Roland Fagan

Pepperdine University ( email )

24255 Pacific Coast Highway
Malibu, CA 90263
United States

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