Constitutional Exclusion: The Rules, Rights, and Remedies that Strike the
Constitutional Exclusion: The Rules, Rights, and Remedies that Strike the
Constitutional Exclusion: The Rules, Rights, and Remedies that Strike the
Trending Bestseller

Constitutional Exclusion: The Rules, Rights, and Remedies that Strike the

No reviews yet Write a Review
In Constitutional Exclusion, James J. Tomkovicz discusses the "exclusionary rules" which prevent evidence of a criminal defendant's guilt from being introduced at trial, and which incite strong, often hostile reactions from the public. The understandable antipathy toward evidentiary suppression is, to some extent, attributable to misunderstanding of the reasons why our legal system suppresses probative evidence of guilt. Professor Tomkovicz describes and discusses the natures and the purposes of the seven different constitutional exclusion mandates. The in-depth examinations and analyses of exclusionary rule histories, foundations, objectives, and doctrines found in the book dispel some of the critical misconceptions and flawed assumptions that surround the rules and that prevent appreciation of their significant roles in enforcing fundamental rights. It is essential reading for anyone interested in the delicate balance our Bill of Rights strikes between freedom and order, between liberty and security.
Hardback
26-May-2011
436 Pages
RRP: $345.00
$266.00
In Stock: Ships in 3-5 Days
In Stock: Ships in 7-9 Days
Hurry up! Current stock:
icon Share icon Share
Description  
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 and punishment. 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 searches or 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 Massiah doctrine'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 the exclusion 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.
Customer reviews  

This product hasn't received any reviews yet. Be the first to review this product!

Write a Reviews
Flat Rate Shipping  
Easy Returns  
RRP: $345.00
$266.00
In Stock: Ships in 3-5 Days
In Stock: Ships in 7-9 Days
Hurry up! Current stock:
icon Share icon Share
Flat Rate Shipping  
Easy Returns  

Constitutional Exclusion: The Rules, Rights, and Remedies that Strike the

RRP: $345.00
$266.00

Description

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 and punishment. 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 searches or 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 Massiah doctrine'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 the exclusion 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.

Customers Also Viewed

Discover Books for Every Interest at BookLoop

Discover your next great read at BookLoop, Australia's trusted online bookstore offering a vast selection of titles across various genres and interests. Whether you're curious about what's trending or searching for graphic novels that captivate, thrilling crime and mystery fiction, or exhilarating action and adventure stories, our curated collections have something for every reader. Delve into imaginative fantasy worlds or explore the realms of science fiction that challenge the boundaries of reality.

Books on Hobbies, Crafts, Gardening, and More

For those with a green thumb, our comprehensive range of gardening books provides insights and tips for all levels of enthusiasts. If you're aiming to enhance your financial acumen, our selection of finance, business, and management books offers valuable knowledge from industry experts. Craft lovers will appreciate our assortment of handicrafts, decorative arts, and crafts books, perfect for inspiring your next project. Engage your mind with our collection of hobbies, quizzes, and games books, or explore the mystical with our fortune-telling and divination guides.

Transport, Contemporary Fiction, and Picture Books for Kids

Transportation aficionados can immerse themselves in our extensive transportation books, including detailed works on road and motor vehicles. Young readers are not left out, with a delightful array of picture books and early learning concepts designed to educate and entertain. Fans of contemporary narratives will find compelling stories in our contemporary fiction section. Embark on epic journeys with our fantasy and science fiction titles, or gain inspiration from real-life tales in our biographies and true stories collection. Health-conscious readers can explore our health and wholefood cooking books, focusing on specific diets and conditions.

School Books, Teacher Resources, and Academic Textbooks

Textbooks for Primary, Secondary, and Higher Education

BookLoop proudly supports the educational needs of students and schools across Australia. Our textbook collection includes school books and teacher resources for every phase from primary school books, secondary school books, and essential titles for TAFE courses, vocational training, and university study. Each book is selected to align with curriculum outcomes and classroom needs, making it easy for schools and teachers to plan ahead.

Teacher Resources and Classroom Support Materials

From structured lesson planning to engaging student activities, our wide range of school books and teacher resources provides essential tools for educators. You’ll also find dedicated school and preschool teacher materials designed for early years education, classroom support, and intervention. Teachers can access a reliable selection of workbooks, literacy and numeracy programs, assessment tools, and professional development guides all in one place.

Books for Early Learning Centres and Childcare Professionals

Support the earliest stages of education with our curated range of early childhood care and education books. These titles are ideal for early learning centres, preschools, and childcare settings, offering age-appropriate resources that build foundational skills in literacy, numeracy, and emotional development. Families and educators alike trust our resources for quality, clarity, and classroom effectiveness.

Bulk Book Orders for Schools and Educational Institutions

We make bulk school book orders simple and efficient. Schools, libraries, and early learning centres can rely on BookLoop for competitive pricing, fast shipping, and expert support when sourcing large quantities of textbooks and educational materials. Whether you’re restocking for a new term or ordering resources for an entire class, our bulk ordering system ensures convenience and accuracy every step of the way.

Stay Up to Date with Book Trends

Explore our new releases for the most recent additions in romance books, fantasy books, graphic novels, crime and mystery books, science fiction books as well as biographies, cookbooks, self help books, tarot cards, fortunetelling and much more. With titles covering current trends, booktok and bookstagram recommendations, and emerging authors, BookLoop remains your go-to local australian bookstore for buying books online across all book genres.

Explore the Latest and Most Loved Books

Stay updated with the literary world by browsing our trending books, featuring the latest bestsellers and critically acclaimed works. Explore titles from popular brands like Minecraft, Pokemon, Star Wars, Bluey, Lonely Planet, ABIA award winners, Peppa Pig, and our specialised collection of ADHD books. At BookLoop, we are committed to providing a diverse and enriching reading experience for all.