What is the effect of the rule of exclusion and reversal when it comes to the prosecution of criminal charges?

California, United States of America


The following excerpt is from Wilson v. Superior Court, Los Angeles County, 134 Cal.App.3d 1062, 185 Cal.Rptr. 678 (Cal. App. 1982):

In 1954, Mr. Justice Jackson commented as follows in Irvine v. California (1954) 347 U.S. 128, 136-137, 74 S.Ct. 381, 385, 98 L.Ed. 561: "That the rule of exclusion and reversal results in the escape of guilty persons is more capable of demonstration than that it deters invasions of right by the police. The case is made, so far as the police are concerned, when they announce that they have arrested their man. Rejection of the evidence does nothing to punish

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