The Legal Process from a Behavioral Perspective

By Stuart S. Nagel | Go to book overview

CHAPTER 23
Effects of Excluding Illegally Seized Evidence

Much has been written about the need for more testing of the empirical effects of alternative legal policies.1 Much has also been written about the desirability of adopting or not adopting the rule excluding illegally seized evidence from courtroom proceedings.2 This chapter has two purposes. One is to illustrate some of the methodological problems involved in systematically testing legal effects. The other is to indicate the substantive findings of a study on the effects of the exclusionary rule.

The main data for this study were compiled through the use of questionnaires.3 In November 1963, 250 questionnaires were mailed to a police chief, a prosecuting attorney, a judge, a defense attorney, and

The writer thanks Albert Wicks for his participation in an early phase of this study, and Robert Phares for compiling the data for Table 23-3. Both are former political science students at the University of Illinois.

____________________
1
See, e.g., BEUTEL, SOME POTENTIALITIES OF EXPERIMENTAL JURISPRUDENCE AS A NEW BRANCH OF SOCIAL SCIENCE ( 1957); LASSWELL & LERNER, THE POLICY SCIENCES -- RECENT DEVELOPMENTS IN SCOPE AND METHOD ( 1951); Cowan, Experimental Jurisprudence -- Science, Morality, Law, 46ARCHIV FUR RECHTS-UND SOZIALPHILOSOPHIE57 (Supp. 1960).
2
See, e.g., the four-article debate between Fred Inbau and Yale Kamisar: Inbau, Public Safety v. Individual Civil Liberties: The Prosecutor's Stand, 53 J. CRIM. L., C. & P.S. 85 ( 1962); Inbau, More About P.S. v. I.C.L., 53 J. CRIM. L., C. & P.S. 329; Kamisar, P.S. v. I. Liberties: Some "Facts" and "Theories," 53 J. CRIM. L., C. & P.S. 171; Kamisar, Some Reflections on Criticizing the Courts and "Policing the Police," 53 J. CRIM. L., C. & P.S. 453; and the debate among the Justices of the Supreme Court in Wolf v. Colorado, 338 U.S. 25 ( 1949 and Mapp v. Ohio, 367 U.S. 643 ( 1961).
3
A copy of the questionnaire and the explanatory letter is included in the Appendix to this chapter. The items included in the questionnaire were chosen from a longer list in view of the criteria of (1) relevance to the exclusionary rule debate, (2) comparability of answers among respondents, (3) brevity of the question and likely answer, (4) meaningfulness of language, (5) interest to the respondent, and (6) avoidance of duplication.

-294-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
The Legal Process from a Behavioral Perspective
Table of contents

Table of contents

Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Full screen
/ 402

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited passage

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.