Tag: exclusionary rule
EXCLUDING THE EXCLUSIONARY RULE: NATURAL LAW VS. JUDICIAL PERSONAL POLICY PREFERENCES
[U.S. Supreme Court Justice Benjamin Cardozo, commenting on the perversity of the exclusionary rule, contemptuously remarked—“The criminal is to go free because the constable has blundered.” Cardozo understood that “fidelity to law” meant having law practically apply to real life situations. In this article the author argues that in a post-9/11 world one can no […]
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