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Article
Instrumentalizing Jurors: An Argument Against the Fourth Amendment Exclusionary Rule
Fordham Urban Law Journal (2010)
  • Todd E. Pettys
Abstract
In this symposium contribution, I argue that (1) courts infringe on jurors' deliberative autonomy in a morally problematic way whenever they refuse to admit evidence that is both relevant and reasonably available; (2) this infringement is especially problematic in the Fourth Amendment setting; and (3) although there are several ways in which these moral problems could be at least partially mitigated, the best approach might be to abandon the Fourth Amendment exclusionary rule entirely.
Keywords
  • Exclusionary Rule,
  • Jurors,
  • Autonomy
Disciplines
Publication Date
May, 2010
Citation Information
Todd E. Pettys. "Instrumentalizing Jurors: An Argument Against the Fourth Amendment Exclusionary Rule" Fordham Urban Law Journal Vol. 37 Iss. 3 (2010)
Available at: http://works.bepress.com/todd_pettys/9/