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Constitutional Exclusion
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Constitutional Exclusion: The Rules, Rights, and Remedies that Strike the Balance Between Freedom and Order

James J. Tomkovicz

Abstract

The Supreme Court's interpretations of constitutional guarantees have produced seven “exclusionary rules” which prevent prosecutors from introducing evidence of guilt in criminal trials. By requiring the suppression of probative evidence, these rules increase the difficulty of convicting offenders and can enable some criminals to avoid conviction and punishment. They are of enormous practical and theoretical importance and are graphic reflections of the unavoidable tensions between liberty and security. This book contains in-depth analyses of these exclusion doctrines. The text begins with an ... More

Keywords: exclusionary rules, suppression, evidence, Fourth Amendment, Miranda, due process, Massiah, Confrontation Clause, right to counsel, eyewitness identification

Bibliographic Information

Print publication date: 2011 Print ISBN-13: 9780195369243
Published to Oxford Scholarship Online: May 2011 DOI:10.1093/acprof:oso/9780195369243.001.0001

Authors

Affiliations are at time of print publication.

James J. Tomkovicz, author
University of Iowa College of Law
Author Webpage