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GGD-81-33 1 (1980-12-22)

handle is hein.gao/gaobabbix0001 and id is 1 raw text is: d 4 /Iqool~ UNITED STATES GENERAL ACCOUNTING OFFICE WASHINGTON, D.C. 20546 GM4RAL GOMMIr 0iViION B-171019 DECEMBER 22, 1980 The Honorable Edward M. Kennedy Chairman, Committee on the Judiciary United States Senate 114008 Dear Mr. Chairman: Subject: 'State Exclusionary Rule Procedures- (GGD-81-33) You requested us to develop empirical data on the impact of the exclusionary rule on State criminal prosecutions sim- ilar to a previous study we performed at your request on the effect of the rule on Federal criminal trials. This prior effort resulted in the issuance of a report to you on April 19, 1979, entitled Impact of the Exclusionary Rule on Federal Criminal Prosecutions (GGD-79-19). In response to your office's request, we sent letters to the Attorneys General and Chief Justices of the 50 States re- questing data on each State's exclusionary rule requirements. Thirty-six of the 50 States responded to our inquiry and a summary of their responses is contained in the enclosures. Enclosure I summarizes the responses received from the States to specific questions asked concerning their exclu- sionary rule requirements. Enclosure II provides a summary by State. An analysis of the responses showed that there is a wide disparity among the States concerning their exclusion- ary rule requirements. As a result, we determined that a study similar to our study on the Federal system would be difficult if not impossible. After presenting the results of our analysis to your office, it was agreed that those States with a rule similar to the Federal rule would be con- tacted to inquire whether they would be willing to participate in a detailed study. We sent letters to four State Attorneys General (Alabama, Minnesota, Tennessee, and Wisconsin) and followed up these letters with discussions to determine the feasibility of con- ducting a detailed study in each State. The consensus of the (990515) 6,376,7 :.: J ' r s < {,<;4 , - -+: : ': - i. . .

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