Three distinct rationales justify the exclusionary rule in Supreme Court doctrine.

Evidence

Underlying the Supreme Court’s decisions in Weeks and Mapp are three complementary arguments: One is that the exclusionary rule is needed to vindicate the protections of the Fourth and Fifth Amend- ments. — G. Alan Tarr, Judicial Process and Judicial…, 1838

Categorization

  • DEFINE: Frames the three-part justificatory structure the author then unpacks — useful as an organizing frame for the doctrinal argument.
  • XREF: connects to: The exclusionary rule is an American anomaly among the world’s legal systems — G. Alan Tarr, Judicial Process and Judicial…, 1834; Exclusionary practices must be analytically separable from the ideology behind them — Chris Allen, Islamophobia, 801; Modern law’s abstract individual ideal enables its systematic social exclusions — Sherene Razack, Casting Out: The Eviction of Muslims…, 404 (+4 more)

Broader Connections