Prophylactic rule
Encyclopedia
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 warning
s") 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.
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."
Constitutional law
Constitutional law is the body of law which defines the relationship of different entities within a state, namely, the executive, the legislature and the judiciary....
, 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
Miranda v. Arizona
Miranda v. Arizona, , was a landmark 5–4 decision of the United States Supreme Court. The Court held that both inculpatory and exculpatory statements made in response to interrogation by a defendant in police custody will be admissible at trial only if the prosecution can show that the defendant...
which adopted a prophylactic rule (“Miranda warning
Miranda warning
The Miranda warning is a warning given by police in the United States to criminal suspects in police custody before they are interrogated to preserve the admissibility of their statements against them in criminal proceedings. In Miranda v...
s") to protect the Fifth Amendment
Fifth Amendment to the United States Constitution
The Fifth Amendment to the United States Constitution, which is part of the Bill of Rights, protects against abuse of government authority in a legal procedure. Its guarantees stem from English common law which traces back to the Magna Carta in 1215...
right against self-incrimination. The exclusionary rule
Exclusionary rule
The exclusionary rule is a legal principle in the United States, under constitutional law, which holds that evidence collected or analyzed in violation of the defendant's constitutional rights is sometimes inadmissible for a criminal prosecution in a court of law...
, which restricts admissibility
Admissible evidence
Admissible evidence, in a court of law, is any testimonial, documentary, or tangible evidence that may be introduced to a factfinder—usually a judge or jury—in order to establish or to bolster a point put forth by a party to the proceeding...
of evidence in court, is also sometimes considered to be a prophylactic rule.
The notion of prophylactic rules is controversial. U.S. Supreme Court Justices Antonin Scalia
Antonin Scalia
Antonin Gregory Scalia is an American jurist who serves as an Associate Justice of the Supreme Court of the United States. As the longest-serving justice on the Court, Scalia is the Senior Associate Justice...
and Clarence Thomas
Clarence Thomas
Clarence Thomas is an Associate Justice of the Supreme Court of the United States. Succeeding Thurgood Marshall, Thomas is the second African American to serve on the Court....
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."