Stone v. Powell: The Hermeneutics of the Burger Court
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Authors
Green, J. Patrick
Issue Date
1977
Volume
10
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
FIRST PARAGRAPH(S)|In Stone v. Powell, the Supreme Court effectively removed state search and seizure cases from the ambit of federal habeas corpus. The decision was based upon the type of cost benefit analysis recently adopted by the Court in search and seizure cases. The Court has decided that either the cost of excluding evidence must be justified by the deterrent effect of the exclusion on unlawful searches or the exclusion should not be granted. The exclusionary rule was adopted to deter unlawful searches. The accomplishment of this deterrent purpose is costly since exclusion is granted without regard to the guilt or innocence of the victim of the unlawful search and bars the fruits of the search from admission in evidence without regard to their probative character...
Description
Citation
10 Creighton L. Rev. 655 (1976-1977)
Publisher
Creighton University School of Law