This paper uses the dichotomy between Herbert Packer’s (1968) two models of criminal justice advocacy – “crime control” and “due process” – as a rhetorical paradigm for understanding policy debate about the exclusion of relevant evidence at trial. Understanding the opposition between crime control and due process advocates as a rhetorical controversy, in which commonly-used ideographs camouflage dramatically different constructions of the concepts at stake, helps to illuminate the way each side mobilizes public support for their narrative of doing . While both the exclusionary rule (which prohibits the use of illegally-obtained evidence in criminal cases) and the “fruit of the poisonous tree” doctrine (which expands this rule) have been partially dismantled, they have not been abolished, and each remains a significant and productive locus of the debate over what values should inform the criminal justice process.
Kaylor, Elizabeth H.
"Crime Control, Due Process, & Evidentiary Exclusion: When Exceptions Become the Rule,"
Proceedings of the New York State Communication Association: Vol. 2013
, Article 6.
Available at: https://docs.rwu.edu/nyscaproceedings/vol2013/iss2013/6