EXCLUDING THE EXCLUSIONARY RULE: NATURAL LAW VS. JUDICIAL PERSONAL POLICY PREFERENCES*

Abstract

* A previous versions of this article was published in C. James Newlan’s journal, THE SOCIAL CRITIC, as Ellis Washington, Excluding the Exclusionary Rule, 3 THE SOC. CRITIC (1998), and in ELLIS WASHINGTON, THE INSEPARABILITY OF LAW AND MORALITY: THE CONSTITUTION, NATURAL LAW AND THE RULE OF LAW 16-28 (2002) [hereinafter WASHINGTON, INSEPARABILITY OF LAW AND MORALITY]. For a comprehensive legal and historical analysis regarding the integration of the rule of law, jurispru- dence, and society in modern times, see generally Ellis Washington, Reply to Judge Richard A. Posner on the Inseparability of Law and Morality, 3 RUTGERS J. L. & RELIG. 1 (2001-2002); The Nuremberg Trials: The Death of the Rule of Law (In International Law), 49 LOY. L. REV. 471-518 (2003).

** Ellis Washington, DePauw University; B.A. 1983, University of Michigan; M.M. 1986, John Marshall Law School; J.D. 1994. The author an editor at the UNIVERSITY OF MICHIGAN LAW REVIEW and a law clerk for the Rutherford Institute. He was a faculty member at Davenport University and member of the Board of Visitors at Ave Maria School of Law. Currently, Mr. Washington is a freelance writer and lecturer at high schools, universities, and law schools throughout America specializing in the history of law, legal and political philosophy, jurisprudence, constitutional law, critical race theory, and legal feminist theory. He also teaches composition at Lansing Community College. In addition to numerous articles, he has published three books: THE DEVIL IS IN THE DETAILS: ESSAYS ON LAW, RACE, POLITICS AND RELIGION (1999); BEYOND THE VEIL: ESSAYS IN THE DIALECTICAL STYLE OF SOCRATES (2000, 2004); THE INSEPRABILITY OF LAW AND MORALITY: THE CONSTITUTION, NATURAL LAW AND THE RULE OF LAW (2002). His article, The Nuremberg Trials: The Death of the Rule of Law (In International Law), 49 LOY. L. REV. 471-518 (2003), has received both national and international recognition and has been accepted into many prestigious archives and collections including–Chambers Library of the Supreme Court of the United States, State Museum of Auschwitz-Birkenau, The Simon Wiesenthal Center, The U.S. Holocaust Memorial Museum, The Elie Wiesel Foundation for Humanity.

*Exceeding gratitude to my friend, attorney Che Ali Karega (a.k.a. “Machiavelli”) for his antagonism, advice, ideas, source materials, and inspiration. To Arthur LaBrew, musicologist and historian, founder Michigan Music Research Center (Detroit), for his prescient comments and attention to detail on earlier drafts of the Article. To C. James Newlan, publisher of the Journal, THE SOCIAL CRITIC, for being my friend, my first publisher, an intellectual, a visionary, and the first person to believe that I had ideas worthy to be published and read.