POSC 426 Lecture Notes - Lecture 5: Exclusionary Rule, Behavioralism
Document Summary
Two models: (old) legal model: how judges look at the law (new institutionalism) historical-interprestivist model: Two models: underlying support of both is rational choice theory. Actors act in a way to maximize their personal utility. Attitudinal model - controversial, judge"s ideology and attitude influences decision making. Cynical - judges lie, don"t look at what they say. Look at judges behaviors - what are they writing, their decisions. Exclusionary rule: evidence seized illegally cannot be used in trial. Chadha living in us, visa had expired, uk citizenship no longer recognized due to kenyan independence, had received notice of deportation. Congress had given justice department authority to suspend deportation proceedings, but also gave itself right to veto any such decision. In this case, congress had vetoed the justice department"s suspension of the deportation proceedings. Line item veto - president vetoes only certain parts of a bill, not the whole bill. Constitutionality of capital punishment fermin v. ga (1972) - supreme.
