Judicial Decision Making and the Exclusionary Rule

45 Pages Posted: 18 Mar 2017

See all articles by Robert Belanger

Robert Belanger

Nineteenth Judicial Circuit Florida

Date Written: 2016

Abstract

This article examines the factors that may influence how judges apply the exclusionary rule. When a suppression issue exists, we trust a judge to determine whether a search was unlawful, but we do not trust the judge to fashion an appropriate remedy, other than the per se exclusion of evidence. Judges may be reluctant to find Fourth Amendment violations because the only remedy for a Fourth Amendment violation is a rule of per se exclusion, a remedy that is often disproportionate to the underlying wrong. This lack of proportionality constitutes overdeterrence, so that the rule will be underenforced.

Keywords: judges, judicial, exclusionary, suppression

JEL Classification: K14, K40

Suggested Citation

Belanger, Robert, Judicial Decision Making and the Exclusionary Rule (2016). Texas Review of Law & Politics, Vol. 21, No. 1, 2016, Available at SSRN: https://ssrn.com/abstract=2932298

Robert Belanger (Contact Author)

Nineteenth Judicial Circuit Florida ( email )

218 S. 2nd St.
Ft. Pierce, FL 34950

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