All Articles tagged exclusionary rule

• Justice Commentaries
  June 11, 2013 EDT
  HOW THE PROMPT OUTCRY RULE PROTECTS THE GUILTY
  Robert S. Smith

  This article argues that the rule excluding prior consistent statements, and particularly the narrowness of the prompt outcry exception protects the guilty more than the innocent.

• Justice Commentaries
  June 11, 2013 EDT
  THE RISE AND FALL OF NEW YORK‘S ROGERS-BARTOLOMEO RULE
  Mark C. DillonLewis J. Lubell

  This article chronicles the history of efforts to assure the greatest degree of constitutional protections for persons confronted by the law enforcement arm.

• New York Appeals
  March 03, 2013 EDT
  WHITHER THE CRIMINAL COURT: CONFRONTING STOPS-AND-FRISKS
  Steven Zeidman

  The New York City Criminal Court has largely ignored Fourth Amendment issues.

• State Constitutional Commentary
  August 08, 2009 EDT
  THE “SILVER PLATTER” IN THE CONTEXT OF STATE CONSTITUTIONAL ADJUDICATION
  Martin McGuinness

  This article examines cases in which a federal prosecution is admitting evidence seized by government officials in violation of the constitution of the state where it was obtained.

• General
  January 01, 2006 EDT
  ADVANCES AND DEPARTURES IN THE CRIMINAL LAW OF THE STATES: A SELECTIVE CRITIQUE
  Stanley H. Friedelbaum

  This article considers the states' interpretation of protections for the criminally accused.