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Justifications for the Exclusionary Rule
CRPR.SAMA.18.10.03 – Know that there’s no constitutional right to have evidence that was
collected illegally excluded at trial. Understand how courts exclude evidence to preserve
judicial integrity and to deter officers from breaking the law, and appreciate that the deterrent
effect of the exclusionary rule must be balanced against the social costs of applying it.
7. In using deterrence as the justification for excluding valid evidence, the Court weighs:
the evidence of guilt against the nature of the constitutional violation.
the social costs against the deterrent effect.
the honesty of the courts.
the fact that there is no right without a remedy.
Justifications for the Exclusionary Rule
CRPR.SAMA.18.10.03 – Know that there’s no constitutional right to have evidence that was
collected illegally excluded at trial. Understand how courts exclude evidence to preserve
judicial integrity and to deter officers from breaking the law, and appreciate that the deterrent
effect of the exclusionary rule must be balanced against the social costs of applying it.
CRPR.SAMA.18.10.07 – Know that the social costs and deterrent effect of the exclusionary
rule are based on assumptions, not empirical evidence. Understand that empirical research
suggests that the social costs of the exclusionary rule may not be as severe as we commonly
believe; criminal cases are rarely dismissed due to illegally obtained evidence.
8. The exclusionary rule applies to all of the following, except:
the government’s case in chief.
any part of the trial on guilt or innocence.
cross-examination of the defendant.
capital punishment trials.
The Exceptions to the Exclusionary Rule
CRPR.SAMA.18.10.05 – Know the exceptions under which evidence excluded from the main
prosecution can be used in other parts of the legal process.