Document Type
Article
Publication Date
1983
Publication Citation
96 Harvard Law Review 1032 (1983)
Abstract
The exclusionary rule that the Supreme Court has fashioned to suppress evidence obtained unconstitutionally is directed at least in part toward deterring police conduct that violates constitutional norms. Since the inception of the rule, the value and efficacy of a prescript that excludes otherwise relevant and probative evidence in a factfinding proceeding has been a subject of heated debate. In this Article, Professor Bradley examines the rather different exclusionary rules used in Germany. He argues that a comparison of exclusionary rules in Germany and the United States suggests that a number of different policies of a criminal justice system could inspire such rules but that the two countries share the ultimate goal of protecting the constitutional rights of the accused.
Recommended Citation
Bradley, Craig M., "The Exclusionary Rule in Germany" (1983). Articles by Maurer Faculty. 956.
https://www.repository.law.indiana.edu/facpub/956
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Comparative and Foreign Law Commons, Constitutional Law Commons, Criminal Law Commons, Fourth Amendment Commons