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Holding Police and Criminals Accountable

Identification

Public canonical key
radar:r-cdd8b52c726cd72affb2ff67115bbdc7
Authors
Christopher Slobogin
Reported year
2025
Reported language
en
Source type
book-chapter
First detected
2026-11-14T02:03:23.173447+00:00
Last metadata observation
2026-11-14T02:03:23.173447+00:00
Last HTTP verification
Not checked

Institutions reported by the source

Vanderbilt University

Reported affiliation countries

US

Documentary abstract — original language

This final chapter in Part I recognizes that rules governing the police are worthless unless they are routinely enforced. Unfortunately, this chapter contends, the predominant sanction for police misconduct – the exclusionary rule – does not do the job, at least in the search and seizure setting. Because its impact is indirect and inconsistent, the rule is structurally incapable of providing robust deterrence of individual police officers carrying out searches and seizures. It is equally poor at promoting Fourth Amendment values at the departmental level. And it stultifies pro-privacy interpretations of the Fourth Amendment because of judicial heuristics that grow out of constant exposure to litigants with dirty hands. The chapter also explains why noninstrumental justifications for the rule fail to support a broad policy of exclusion. In place of the exclusionary rule, the chapter proposes an administrative penalty regime in which actions for Fourth Amendment violations would be brought directly against police officers (for bad faith actions) and departments (for negligent misconduct). This regime would be superior to the rule not only in deterring individual Fourth Amendment violations but also in encouraging use of warrants, invigorating judicial review, diminishing racism on the beat, curbing police perjury, improving hiring and training practices, and promoting citizen respect for the system.

Identifiers

OPENALEX
https://openalex.org/W4409489255
DOI
10.1017/9781009586931.006

Documentary context

Documentary family
Book chapter
Source-reported types
book-chapter
Publishers
Cambridge University Press

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Book bibliographic description

Publisher
Cambridge University Press
Reported publication date
2025-04-17

Access status unknown

Sources

OpenAlex · Record 1

Cite this reference

Christopher Slobogin. Holding Police and Criminals Accountable. 2025. Cambridge University Press. https://doi.org/10.1017/9781009586931.006

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APA
Christopher Slobogin. (2025). Holding Police and Criminals Accountable. Cambridge University Press. https://doi.org/10.1017/9781009586931.006
Chicago
Christopher Slobogin. Holding Police and Criminals Accountable. Cambridge University Press. 2025. https://doi.org/10.1017/9781009586931.006
ISO 690
Christopher Slobogin. Holding Police and Criminals Accountable. 2025. Cambridge University Press. https://doi.org/10.1017/9781009586931.006

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UDTR Global Rights of Nature Legal Library. Holding Police and Criminals Accountable. Documentary record: https://www.declarationuniverselledesdroitsdelarbre.org/global-rights-of-nature-radar/reference/r-cdd8b52c726cd72affb2ff67115bbdc7/ · Last HTTP verification: not performed

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Bibliographic / original publication source · https://doi.org/10.1017/9781009586931.006

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Documentary status

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