prophylactic rule


English Wikipedia - The Free EncyclopediaDownload this dictionary
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. An example is the case of Miranda v. Arizona which adopted a prophylactic rule (“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.

See more at Wikipedia.org...


© This article uses material from Wikipedia® and is licensed under the GNU Free Documentation License and under the Creative Commons Attribution-ShareAlike License