Criticism
The exclusionary rule as it has developed in the United States has been long criticized, even by respected jurists and commentators. Judge Benjamin Cardozo, generally considered one of the most influential American jurists whose opinions in several cases pronounced lasting principles of American law, was strongly opposed to the rule, stating that under the rule, "The criminal is to go free because the constable has blundered."
In the 1970s, Dallin H. Oaks, Malcolm Wilkey, and others called for the exclusionary rule to be abolished. By the 1980s, the exclusionary rule remained controversial and was strongly opposed by President Ronald Reagan. But, some opponents began seeking to have the rule modified, rather than abolished altogether. The case, Illinois v. Gates, before the Supreme Court brought the exclusionary rule for reconsideration. The Supreme Court also considered allowing exceptions for errors made by police in good faith. The Reagan administration also asked Congress to ease the rule. It has been proposed that the exclusionary rule be replaced with restitution to victims of police misconduct.
Read more about this topic: Exclusionary Rule
Famous quotes containing the word criticism:
“In criticism I will be bold, and as sternly, absolutely just with friend and foe. From this purpose nothing shall turn me.”
—Edgar Allan Poe (1809–1845)
“Good criticism is very rare and always precious.”
—Ralph Waldo Emerson (1803–1882)
“When you overpay small people you frighten them. They know that their merits or activities entitle them to no such sums as they are receiving. As a result their boss soars out of economic into magic significance. He becomes a source of blessings rather than wages. Criticism is sacrilege, doubt is heresy.”
—Ben Hecht (1893–1964)