Prophylactic rule

Prophylactic rule

A prophylactic rule is a judicially-crafted rule that overprotects a constitutional right, and gives more protection than such right might abstractly seem to require on its face, in order to safeguard that constitutional right or improve detection of violations of that right. [Caminker, Evan. “ [http://web.archive.org/web/20040730133655/http://www.law.uc.edu/lawreview/uclaw70pdf/0001caminker.pdf Miranda and Some Puzzles of ‘Prophylactc’ Rules] ,” "University of Cincinnati Law Review" (2001).] An example is the case of "Miranda v. Arizona" which adopted a prophylactic rule (i.e. “Miranda warnings") to protect the Fifth Amendment right against self-incrimination. The exclusionary rule, which restricts admissibility of evidence in court, is also sometimes considered to be a prophylactic rule. ["United States v. Herrera", [http://www.kscourts.org/ca10/cases/2006/04/05-3057.htm 444 F.3d 1238] (10th Cir. 2006).]

The notion of prophylactic rules is controversial. U.S. Supreme Court Justices Antonin Scalia and Clarence Thomas have argued against them, writing that the ability of judges to create these rules "is an immense and frightening antidemocratic power, and it does not exist." ["Dickerson v. United States", [http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=CASE&court=US&vol=530&page=428 530 U.S. 428] (2000) (dissenting opinion).]

Footnotes

ee also

* Implied powers


Wikimedia Foundation. 2010.

Игры ⚽ Поможем написать курсовую

Look at other dictionaries:

  • prophylactic — pro·phy·lac·tic /ˌprō fə lak tik, ˌprä / adj: designed or tending to prevent harm or wrong a prophylactic rule against profiting from inside information Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 …   Law dictionary

  • Exclusionary rule — The exclusionary rule is a legal principle in the United States, under constitutional law, that holds that evidence collected or analyzed in violation of the defendant s constitutional rights is inadmissible for a criminal prosecution in a court… …   Wikipedia

  • Miranda warning — The Miranda warning (also referred to as Miranda rights) is a warning that is required to be given by police in the United States to criminal suspects in police custody (or in a custodial interrogation) before they are interrogated to inform them …   Wikipedia

  • Preventive medicine — or preventive care refers to measures taken to prevent diseases,[1] (or injuries) rather than curing them or treating their symptoms. The term contrasts in method with curative and palliative medicine, and in scope with public health methods… …   Wikipedia

  • Massiah v. United States — Supreme Court of the United States Argued March 3, 1964 Decided May 18, 1964 …   Wikipedia

  • Michigan v. Jackson — Supreme Court of the United States Argued December 9, 1985 Decided April 1, 1986 …   Wikipedia

  • Glossary of chess — See also: Outline of chess and Glossary of chess problems This page explains commonly used terms in chess in alphabetical order. Some of these have their own pages, like fork and pin. For a list of unorthodox chess pieces, see fairy chess… …   Wikipedia

  • List of chess terms — This page explains commonly used terms in chess in alphabetical order. Some of these have their own pages, like fork and pin. For a list of unorthodox chess pieces, see fairy chess piece; for a list of terms specific to chess problems, see chess… …   Wikipedia

  • Medical analysis of circumcision — Numerous medical studies have examined the effects of male circumcision with mixed opinions regarding the benefits and risks of the procedure. Opponents of circumcision say it is medically unnecessary, is unethical when performed on newborns, is… …   Wikipedia

  • religious dress — Introduction also called  vestment        any attire, accoutrements, and markings used in religious rituals (ceremonial object) that may be corporate, domestic, or personal in nature. Such dress may comprise types of coverings all the way from… …   Universalium

Share the article and excerpts

Direct link
… Do a right-click on the link above
and select “Copy Link”