Research and read the article by Donald Dripps entitled “The Case for the Contingent Exclusionary Rule,” from the American Criminal Law Review (Winter, 2001).
Based on the article and your current level of exposure to the topic of constitutional criminal procedure, outline your position as to how Dripps’ model would work in the real world.
Refer to Dr. Kahlib Fischer’s presentation in Module/Week 1. State whether Dripps’ Model of “Contingent Suppression” is in any way compatible with restorative justice. If not, how could it be made more compatible?
Provide at least 1 reference and 1 scripture in support of your post.
The Case for the Contingent Exclusionary Rule
Over the years, there have been debates regarding criminal procedures, especially on the issue of admissible evidence in the court. In his article “The Case for the Contingent Exclusionary Rule,” Donald Trip argues that it is of great importance before a court deems a piece of evidence as inadmissible, it has to take a keen look at the punishment that is to be served by officers who break the fourth amendment right. This is to ensure that such an act does not happen again. Basically, evidence that is deemed inadmissible in the court of law must have been obtained through threatening or blackmailing of a witness (Re, 2014). If the disciplinary action proposed is deemed sufficient, then the evidence can still be used, but if not the evidence should not be used in making the final verdict of the case. Such an action can protect the rights of the witness as well as ensuring guilty individuals are tried in the court.
His argument is compatible with restorative justice. Restorative justice mainly focuses on a system of justice that approves the rehabilitation of offenders through reconciliation with victims and the community at large. However, in this justice, the offender is forced to pay recompense for the damage done to the victim. In the same case, if the evidence obtained by an officer or investigators violates the rights of a witness, then the officer should be punished in one way or another to pay the damage inflicted on the victim (Re, 2014). Just like restorative justice, much emphasis is put on the well-being of the victim, in this case, a witness. Thus, the justice should serve both the offender and the victim putting into consideration that when justice is served it brings joy and peace in society.
Re, R. M. (2014). The Due Process Exclusionary Rule. Harvard Law Review, , 127.