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

Hardcover | April 20, 2011

byJames J. Tomkovicz

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Supreme Court interpretations of the Bill of Rights have produced seven constitutional "exclusionary rules." These rules prevent prosecutors from introducing evidence of guilt in criminal trials, making it harder to convict offenders and enabling some criminals to avoid conviction andpunishment. The importance of these evidentiary bars cannot be understated. They reflect inevitable tensions between liberty and security.Constitutional Exclusion, by James J. Tomkovicz contains in-depth analyses of each constitutional doctrine that dictates the suppression of evidence. The text begins with an extensive treatment of the Fourth Amendment exclusionary rule which bars evidence acquired by means of unreasonable searchesor seizures. It then addresses three distinct doctrines that suppress confessions - the due process and privilege against compelled self-incrimination bar to coerced confessions, Miranda v. Arizona's Fifth Amendment prophylactic presumption that certain confessions are inadmissible, and the Massiahdoctrine's Sixth Amendment right to counsel bar to incriminating admissions. Next, the book explains two prohibitions on eyewitness identification evidence, one rooted in the Sixth Amendment right to counsel and another grounded in the due process guarantee. Finally, the text explores theexclusion of hearsay commanded by the Sixth Amendment Confrontation Clause.Constitutional Exclusion analyzes the histories of, justifications for, and the legitimacy of these exclusion doctrines. By juxtaposing the rules and highlighting their distinctive characters, the book sheds new light on topics of vital importance to the administration of criminal justice.

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Supreme Court interpretations of the Bill of Rights have produced seven constitutional "exclusionary rules." These rules prevent prosecutors from introducing evidence of guilt in criminal trials, making it harder to convict offenders and enabling some criminals to avoid conviction andpunishment. The importance of these evidentiary ba...

James J. Tomkovicz holds the Edward F. Howrey chair at the University of Iowa College of Law. Professor Tomkovicz attended the University of Southern California, where he received his Bachelor of Arts degree, and the University of California, Los Angeles School of Law, where he received his Juris Doctor degree. He served as a law cle...
Format:HardcoverDimensions:436 pages, 9.25 × 6.12 × 0.98 inPublished:April 20, 2011Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0195369246

ISBN - 13:9780195369243

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Table of Contents

PrefaceIntroduction1. The Fourth Amendment Exclusionary Rule2. Fifth and Fourteenth Amendment Exclusion of Confessions3. The Miranda Exclusionary Rule4. The Massiah Doctrine: Sixth Amendment Exclusion of Confessions5. Sixth Amendment Exclusion of Eyewitness Identifications6. Due Process Exclusion of Eyewitness Identifications7. Confrontation Clause Exclusion of HearsayConclusionIndex