A Hard Look at What We Know (and Still Need to Learn) About the "Costs" of the Exclusionary Rule: The NIJ Study and Other Studies of "Lost" Arrests

The controversy over a "good faith mistake" exception to the exclusionary rule and the 1982 National Institute of Justice study of the effects of the rule in California have focused attention on the "costs" of the rule. This article reviews the NIJ study and seven other relevant studies and concludes that the NIJ study's claim that the rule has a "major impact" on the disposition of felony arrests is misleading and exaggerated. California data show that prosecutors reject only 0.8% (8 in 1,000) of felony arrests because of illegal searches. The effect of the rule is concentrated in drug cases in which the rejection rate by prosecutors is 2.4% (not 30%, as suggested by the NIJ study), but the rejection rate for non-drug arrests is less than 0.3%, and the rate is even lower for violent crimes. Even if one looks at the cumulative effect of the rule through all stages of the felony process in California, only about 2.35% of felony arrests are lost because of illegal searches, and this is a high-side estimate based on potentially atypical samples. Moreover, studies of "lost arrests" have not differentiated between arrests resulting from bona fide crime investigations and arrests that resulted from arbitrary searches or arrests that were made to seize contraband, for harassment, or for purposes other than obtaining a conviction. The author concludes that available data show the cost of the rule is marginal, especially in view of the ambiguous nature of the lost arrests. Moreover, it is doubtful that a good faith mistake exception would save any substantial proportion of the arrests lost following illegal searches. In particular, an exception for searches conducted under an improper warrant would save only a negligible proportion of lost arrests.     

The impact of divorce and subsequent father absence on children's and adolescents' self-concepts

The self-concepts of 406 grade school and junior high school students were assessed in this study. It was found that children and adolescents who had experienced father loss through divorce and whose mothers hadnot remarried demonstrated significantly lower self-concepts than those who were from intact families. Interestingly, children and adolescents who had experienced father loss through divorce and whose mothers had remarried were found to possess lower self-concepts than those from intact families, but this difference was not statistically significant. These findings were found across grade levels (i.e., grades 3–8) and for both sexes. The importance of these findings are discussed in light of current trends toward an increasing divorce rate and an increasing presence of stepfathers in American families.Recieved his Ph.D. from the University of Illinois in 1972. Research has been varied, ranging from assessment and amelioration of emotional and social problems in children to the impact of father loss on children and adolescents.Currently serving in the U.S. Navy. He has pursued graduate studies at Kansas State University. Primary research interests have been in the assessment of inter- and intrapersonal attitudes of children.