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:
“People try so hard to believe in leaders now, pitifully hard. But we no sooner get a popular reformer or politician or soldier or writer or philosopher—a Roosevelt, a Tolstoy, a Wood, a Shaw, a Nietzsche, than the cross-currents of criticism wash him away. My Lord, no man can stand prominence these days. It’s the surest path to obscurity. People get sick of hearing the same name over and over.”
—F. Scott Fitzgerald (1896–1940)
“Unless criticism refuses to take itself quite so seriously or at least to permit its readers not to, it will inevitably continue to reflect the finicky canons of the genteel tradition and the depressing pieties of the Culture Religion of Modernism.”
—Leslie Fiedler (b. 1917)
“Parents sometimes feel that if they don’t criticize their child, their child will never learn. Criticism doesn’t make people want to change; it makes them defensive.”
—Laurence Steinberg (20th century)