The Exclusionary Rule
Research and read the article by Donald Dripps entitled �The Case for the Contingent
Exclusionary Rule,� from the American Criminal Law Review (Winter, 2001).
�Based on the article and your current level of exposure to the topic of constitutional criminal procedure,
outline your position as to how Dripps� model would work in the real world.
State whether Dripps� Model of �Contingent Suppression� is in any way compatible with restorative
justice. If not, how could it be made more compatible?
�Provide at least 1 reference
THE EXCLUSIONARY RULE 2
The Exclusionary Rule
With the exclusionary rule in place, problems such as those of political interference of the
court system will be resolved given that the highest court has the power to impose any rule that is
encrypted in the constitution. The problem of valuation will also be long gone with the exclusion
rule in place because it balances the sanctions and the illegal gains of the government. Despite,
these benefits, this rule have certain weakness given that it poses a crucial psychological
challenge to the judgement. It is not a very easy for the judges to set free a suspect whom they
are aware is guilty as charged. In an attempt to deal with this challenge, judges who are on trial
are forced to change their truth seeking attention against the tenets of exclusion (Clancy, 2013).
On the other hand other judges in the court chambers are forced to interpret the laws on
constitutional rights contrary to that of the trial judges. Therefore, it for a fact that amendment on
exclusion law remains inadequately implemented.
In his article about contingent exclusionary rule, Donald Drips suggests a model that can
be used in the implementation of the exclusionary rule. He says that it is possible to bring
together damages and exclusion in order to do develop a much more effective nd sustainable
solution to all violations of the constitution. He further adds that courts can be allowed to
suppress some of those orders that are considered uncertain in nature probably because of failure
of the police force to do is job well (Dripps, 2010). However, friendly as this offer may seem to
be, it not so compatible with the theory of restorative justice. As much as the cases are
suppressed by the judges, it would be necessary to keep the suspected criminals on probation to
take care of the interests of the crime victims rather than allowing the suspect to freely get back
THE EXCLUSIONARY RULE 3
to the community and prematurely interact with victims of crime. This way, restorative justice
shall have been achieved.
THE EXCLUSIONARY RULE 4
Referencea
Donald A. Dripps (2010), The ‘New’ Exclusionary Rule Debate: From’Still Preoccupied with
1985’ to ’VirtualDeterrence’, Fordham Urban Law Journal, Vol. 37, Issue 3 (May 2010),
pp. 743-802.
