Supreme Court Disengagement from the Exclusionary Rule: The Impact of Stone v. Powell

Abstract

This study focuses on the United States Supreme Court case of Stone v. Powell, 428 U.S. 465 (1976), and the impact this case has had on the procedures of state supreme courts. Also of concern are changes infederal-state court relations resulting from this decision.

The research centers around a survey sent to the 312judges sitting on courts of last resort hearing criminal appeals in all 50 states. The results indicate that although Stone v. Powell can be viewed along two dimensions a substantive dimension applying the case as a Fourth Amendment exclusionary rule decision and a broader, policy dimension of judicial federalism most state supreme court judges see the decision in terms of the narrower, substantive context. The implication is that state supreme courts have not moved into criminal procedure areas vacated by the United States Supreme Court.

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References

Levine, J.P. Methodological concerns in studying Supreme Court efficacy. In S. Krislov (Ed.), Compliance and the law. Beverly Hills: Sage Publications, 1972.

Mapp v. Ohio, 367 U.S. 643 (1961).

Murphy, W.F. Lower court checks on Supreme Court power . American Political Science Review, 53(4), 1017-1031.

Powell v. Stone, 507 F.2d. 93 (9th Cir. 1974).

Sanders v. U.S. (Wesberry v. Sanders) 376 U.S. 1 (1964).

Stone v. Powell, 428 U.S. 465 (1976).

Townsend v. Sain, 372 U.S. 293 (1963).