The Corner

Last Time on Exclusionary Rule

In response to a few correspondents, let me try to be more clear.  I’m not questioning all exclusionary rules.  A truly coerced statement (i.e., one where the declarant’s will was overborne during interrogation) is properly suppressed by the judiciary as a Fifth Amendment violation.  I also think it’s valid to suppress seized evidence where the police behave so egregiously in obtaining a warrant or executing a search as to render the search unreasonable (reasonableness being the core of the Fourth Amendment guarantee).  On the latter, I would personally prefer to see a different, effective way of disciplining the police — one that didn’t involve penalizing the public by suppressing evidence.  But I concede it’s reasonable to conclude that the failure to suppress in the face of truly egregious misconduct could result in an overall amount of police lawlessness that would be intolerable.  Even though I am personally dubious, I do not quarrel with the conclusion that such lawlessness could not adequately be addressed by other methods of disciplining the police, and thus that suppression is the appropriate remedy.  The exclusionary rule is too well-established to make such a quarrel worthwhile — the rule is here to stay.But short of such egregious constitutional violations, I don’t think it’s the Court’s place to craft the remedy.

Most Popular

Elections

How Trump Should Approach the Final Debate

The so-called mainstream polls of the swing states show the race narrowing. If the trend continues at the current rate, President Trump could poll even in two weeks—in addition to the “other” polls that show him near there already. So Trump’s mission at the final debate on Thursday is to continue to ... Read More
Elections

How Trump Should Approach the Final Debate

The so-called mainstream polls of the swing states show the race narrowing. If the trend continues at the current rate, President Trump could poll even in two weeks—in addition to the “other” polls that show him near there already. So Trump’s mission at the final debate on Thursday is to continue to ... Read More
Politics & Policy

A Bizarre and Revealing Biden Interview

William Voegeli of the Claremont Review of Books brought up a strange Joe Biden interview from 1974 I hadn't seen before in which Biden emerges as arrogant and determined to make more money, one way or another. Biden also speaks of his first wife Neilia, who had died two years earlier, in unusually frank ways: ... Read More
Politics & Policy

A Bizarre and Revealing Biden Interview

William Voegeli of the Claremont Review of Books brought up a strange Joe Biden interview from 1974 I hadn't seen before in which Biden emerges as arrogant and determined to make more money, one way or another. Biden also speaks of his first wife Neilia, who had died two years earlier, in unusually frank ways: ... Read More

The Pollster Who Thinks Trump Is Ahead

The polling aggregator on the website RealClearPolitics shows the margin in polls led by Joe Biden in a blue font and the ones led by Donald Trump in red. For a while, the battleground states have tended to be uniformly blue, except for polls conducted by the Trafalgar Group. If you are a firm believer only in ... Read More

The Pollster Who Thinks Trump Is Ahead

The polling aggregator on the website RealClearPolitics shows the margin in polls led by Joe Biden in a blue font and the ones led by Donald Trump in red. For a while, the battleground states have tended to be uniformly blue, except for polls conducted by the Trafalgar Group. If you are a firm believer only in ... Read More
Media

The Unseemly Urge to Excuse Jeffrey Toobin

Jeffrey Toobin, legal analyst for CNN and The New Yorker, was suspended from his jobs and subjected to a round of public mockery for visibly exposing himself while masturbating on a Zoom call with New Yorker colleagues. The call was designed to role-play post-election scenarios for a contested election; Toobin ... Read More
Media

The Unseemly Urge to Excuse Jeffrey Toobin

Jeffrey Toobin, legal analyst for CNN and The New Yorker, was suspended from his jobs and subjected to a round of public mockery for visibly exposing himself while masturbating on a Zoom call with New Yorker colleagues. The call was designed to role-play post-election scenarios for a contested election; Toobin ... Read More