SPEA-J - Public And Environmental Affairs SPEA-J 302 Chapter Notes - Chapter 2: Exclusionary Rule, Police Misconduct, Qualified Immunity

• School: IUPUI
• Department: SPEA-J - Public And Environmental Affairs
• Course: SPEA-J - Public And Environmental Affairs SPEA-J 302
• Professor: D A N M.T S A T A R O S

Document Summary

A remedy is a method of rectifying wrongdoing. Criminal procedure concerns constitutional procedure; it focuses on whether various forms of gov. actions are permitted by the constitution. This chapter discusses remedies for when constitutional rights are violated. Started w/ weeks v. us police seized docs w/o a warrant. Illegally obtained is not allowed to be presented @ trial. Silver platter doctrine: permitted the use of evidence in federal court that had been obtained illegally by state officials. Brought the exclusionary rule to the state level. Applicability of it beyond the 4th amendment it applies across the board. Arguments for & against the e rule. Critics think it does very little to deter police misconduct; advocates say that the rule is not intended to deter individual officers but is intended to have a broader, systematic deterrent effect. Critics claim that any possible benefit of the exclusionary rule is outweighed by its social costs; advocates think the opposite.