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Copyright Cengage Learning. Powered by Cognero.
Page 13
HAS VARIABLES:
False
LEARNING OBJECTIVES:
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.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 1:53 AM
DATE MODIFIED:
1/6/2017 2:52 AM
34. Which of the following is a social cost of the exclusionary rule?
a.
All of these are social costs of the exclusionary rule.
b.
freeing guilty people
c.
undermining the prosecution’s case
d.
obstructing the search by keeping good evidence out of court
ANSWER:
a
POINTS:
1
REFERENCES:
Justifications for the Exclusionary Rule
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
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.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 1:55 AM
DATE MODIFIED:
1/6/2017 12:49 PM
35. What exception says that illegally obtained evidence can come into court if the poisonous connection between the
illegal police actions and the resulting evidence weakens enough?
a.
the deterrence exception
b.
the constitutional exception
c.
the ethical exception
d.
the attenuation exception
ANSWER:
d
POINTS:
1
REFERENCES:
The Exceptions to the Exclusionary Rule
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.10.04 - Understand that the exceptions to the “fruit of the poisonous tree”
doctrine allow more evidence into court to prove guilt.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 1:57 AM
DATE MODIFIED:
1/6/2017 2:52 AM
36. The ethical exception says that illegally obtained evidence can come into court if the poisonous connection between
the illegal police actions and the resulting evidence weakens enough.
a.
True
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Page 14
b.
False
ANSWER:
False
POINTS:
1
REFERENCES:
The Exceptions to the Exclusionary Rule
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.10.04 - Understand that the exceptions to the “fruit of the poisonous tree”
doctrine allow more evidence into court to prove guilt.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 1:59 AM
DATE MODIFIED:
1/6/2017 2:52 AM
37. The deterrence justification bans not only evidence illegally obtained directly but also evidence derived from the
illegally obtained evidence.
a.
True
b.
False
ANSWER:
False
POINTS:
1
REFERENCES:
Justifications for the Exclusionary Rule
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.10.04 - Understand that the exceptions to the “fruit of the poisonous tree”
doctrine allow more evidence into court to prove guilt.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 2:01 AM
DATE MODIFIED:
1/6/2017 2:52 AM
38. Evidence obtained by illegal searches and seizures is just as reliable as evidence obtained legally.
a.
True
b.
False
ANSWER:
True
POINTS:
1
REFERENCES:
Chapter Introduction
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.10.01 - Know that the exclusionary rule bans the use of illegally obtained
evidence to prove guilt. Understand how Fourth, Fifth, Sixth, and Fourteenth Amendment
rights can be violated by bad practices in law enforcement.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 2:03 AM
DATE MODIFIED:
1/6/2017 2:52 AM
39. Searches and seizures make up the great bulk of suppression cases.
a.
True
b.
False
ANSWER:
True
Copyright Cengage Learning. Powered by Cognero.
Page 15
POINTS:
1
REFERENCES:
Chapter Introduction
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.10.01 - Know that the exclusionary rule bans the use of illegally obtained
evidence to prove guilt. Understand how Fourth, Fifth, Sixth, and Fourteenth Amendment
rights can be violated by bad practices in law enforcement.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 2:05 AM
DATE MODIFIED:
1/6/2017 2:52 AM
40. In Hudson v. Michigan (2006), the court held that failure to comply with the knock-and-announce rule is in violation
of the exclusionary rule, even if officers have a valid warrant to search a home.
a.
True
b.
False
ANSWER:
False
POINTS:
1
REFERENCES:
The Exceptions to the Exclusionary Rule
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
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.
CRPR.SAMA.18.10.06 - Understand and appreciate the significance of the knock-and-
announce and good-faith exceptions to the exclusionary rule.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 2:08 AM
DATE MODIFIED:
1/6/2017 2:52 AM
41. U.S. v. Leon gave officers a blank check to always rely on warrants.
a.
True
b.
False
ANSWER:
False
POINTS:
1
REFERENCES:
The Exclusionary Rule After Herring v. U.S. (2009)
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
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.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 2:10 AM
DATE MODIFIED:
1/6/2017 2:52 AM
42. Recent research into the effects of the exclusionary rule indicates that the exclusionary rule affects only a small
portion of cases.
a.
True
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Page 16
b.
False
ANSWER:
True
POINTS:
1
REFERENCES:
Social Costs and Deterrence: Empirical Findings
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
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.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 2:12 AM
DATE MODIFIED:
1/6/2017 2:52 AM
43. The exclusionary rule is written in the Fourth Amendment to the Constitution.
a.
True
b.
False
ANSWER:
False
POINTS:
1
REFERENCES:
History of the Exclusionary Rule
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.10.02 - Appreciate the history of the exclusionary rule. Understand that it is
no longer a “bright-line” rule banning all evidence collected illegally.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 2:14 AM
DATE MODIFIED:
1/6/2017 2:52 AM
44. A prophylactic rule is a procedure to prevent violations of constitutional rights.
a.
True
b.
False
ANSWER:
True
POINTS:
1
REFERENCES:
Justifications for the Exclusionary Rule
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
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.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 2:15 AM
DATE MODIFIED:
1/6/2017 2:52 AM
45. The exclusionary rule does not prevent prosecutors from using illegally seized evidence to impeach defendants'
testimony.
a.
True
Copyright Cengage Learning. Powered by Cognero.
Page 17
b.
False
ANSWER:
True
POINTS:
1
REFERENCES:
The Exceptions to the Exclusionary Rule
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
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.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 2:17 AM
DATE MODIFIED:
1/6/2017 2:52 AM
46. The effects of the exclusionary rule are based on assumptions, not empirical evidence.
a.
True
b.
False
ANSWER:
True
POINTS:
1
REFERENCES:
Social Costs and Deterrence: Empirical Findings
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
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.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 2:18 AM
DATE MODIFIED:
1/6/2017 2:52 AM
47. Bad evidence is the term used to describe probative evidence, or evidence that proves (or helps to prove) that
defendants committed the crimes with which they are charged.
a.
True
b.
False
ANSWER:
False
POINTS:
1
REFERENCES:
Chapter Introduction
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.10.01 - Know that the exclusionary rule bans the use of illegally obtained
evidence to prove guilt. Understand how Fourth, Fifth, Sixth, and Fourteenth Amendment
rights can be violated by bad practices in law enforcement.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 2:27 AM
DATE MODIFIED:
1/6/2017 2:52 AM
48. The justification that excluding evidence obtained in violation of the Constitution prevents illegal law enforcement
conduct is called the deterrence justification.
a.
True
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Page 18
b.
False
ANSWER:
True
POINTS:
1
REFERENCES:
Justifications for the Exclusionary Rule
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
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.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 2:29 AM
DATE MODIFIED:
1/6/2017 2:52 AM
49. U.S. v. Leon (1984) was a SCOTUS opinion that narrowed the good-faith exception.
a.
True
b.
False
ANSWER:
False
POINTS:
1
REFERENCES:
The Exceptions to the Exclusionary Rule
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.10.04 - Understand that the exceptions to the “fruit of the poisonous tree”
doctrine allow more evidence into court to prove guilt.
CRPR.SAMA.18.10.06 - Understand and appreciate the significance of the knock-and-
announce and good-faith exceptions to the exclusionary rule.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 2:31 AM
DATE MODIFIED:
1/6/2017 2:52 AM
50. In Herring v. U.S. (2009), SCOTUS held that if an officer makes an arrest, reasonably (but wrongly) believing there’s
an outstanding arrest warrant against the suspect, the arrest violates the Fourth Amendment, but evidence obtained during
a search incident to the unlawful arrest is admissible in court.
a.
True
b.
False
ANSWER:
False
POINTS:
1
REFERENCES:
The Exceptions to the Exclusionary Rule
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.10.04 - Understand that the exceptions to the “fruit of the poisonous tree”
doctrine allow more evidence into court to prove guilt.
CRPR.SAMA.18.10.06 - Understand and appreciate the significance of the knock-and-
announce and good-faith exceptions to the exclusionary rule.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 2:33 AM
DATE MODIFIED:
1/6/2017 2:52 AM
Copyright Cengage Learning. Powered by Cognero.
Page 19
51. The rationale used to justify the exclusionary rule, which is based on the notion that excluding evidence obtained in
violation of the constitution prevents illegal law enforcement, is the _______________ rationale.
ANSWER:
deterrence
POINTS:
1
REFERENCES:
Justifications for the Exclusionary Rule
QUESTION TYPE:
Completion
HAS VARIABLES:
False
LEARNING OBJECTIVES:
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.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 2:35 AM
DATE MODIFIED:
1/6/2017 2:52 AM
52. _______________ _______________ is a term used to describe probative evidence, or evidence that proves (or helps
to prove) that defendants committed the crimes with which they are charged.
ANSWER:
Good evidence
POINTS:
1
REFERENCES:
Chapter Introduction
QUESTION TYPE:
Completion
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.10.01 - Know that the exclusionary rule bans the use of illegally obtained
evidence to prove guilt. Understand how Fourth, Fifth, Sixth, and Fourteenth Amendment
rights can be violated by bad practices in law enforcement.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 2:37 AM
DATE MODIFIED:
1/6/2017 2:52 AM
53. Evidence derived from illegally obtained evidence is called _______________ of the _______________
_______________.
ANSWER:
fruit; poisonous tree
POINTS:
1
REFERENCES:
The Exceptions to the Exclusionary Rule
QUESTION TYPE:
Completion
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.10.04 - Understand that the exceptions to the “fruit of the poisonous tree”
doctrine allow more evidence into court to prove guilt.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 2:38 AM
DATE MODIFIED:
1/6/2017 2:52 AM
54. The exclusionary rule is no longer a “_______________-_______________” rule banning all evidence collected
illegally.
ANSWER:
bright-line
POINTS:
1
REFERENCES:
History of the Exclusionary Rule
QUESTION TYPE:
Completion
Copyright Cengage Learning. Powered by Cognero.
Page 20
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.10.02 - Appreciate the history of the exclusionary rule. Understand that it is
no longer a “bright-line” rule banning all evidence collected illegally.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 2:40 AM
DATE MODIFIED:
1/6/2017 2:52 AM
55. Weeks v. U.S. gave birth to the _______________ _______________ in 1914.
ANSWER:
exclusionary rule
POINTS:
1
REFERENCES:
History of the Exclusionary Rule
QUESTION TYPE:
Completion
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.10.01 - Know that the exclusionary rule bans the use of illegally obtained
evidence to prove guilt. Understand how Fourth, Fifth, Sixth, and Fourteenth Amendment
rights can be violated by bad practices in law enforcement.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 2:42 AM
DATE MODIFIED:
1/6/2017 2:52 AM
56. The _______________-_______________ exception to the exclusionary rule is based on an objective test of whether
a well-trained officer would have known his or her actions were illegal under the circumstances.
ANSWER:
good-faith
POINTS:
1
REFERENCES:
The Exceptions to the Exclusionary Rule
QUESTION TYPE:
Completion
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.10.04 - Understand that the exceptions to the “fruit of the poisonous tree”
doctrine allow more evidence into court to prove guilt.
CRPR.SAMA.18.10.06 - Understand and appreciate the significance of the knock-and-
announce and good-faith exceptions to the exclusionary rule.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 2:44 AM
DATE MODIFIED:
1/6/2017 2:52 AM
57. The _______________ _______________ exception allows illegally obtained evidence that would have eventually
been found through constitutional means.
ANSWER:
inevitable discovery
POINTS:
1
REFERENCES:
The Exceptions to the Exclusionary Rule
QUESTION TYPE:
Completion
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.10.04 - Understand that the exceptions to the “fruit of the poisonous tree”
doctrine allow more evidence into court to prove guilt.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 2:47 AM
DATE MODIFIED:
1/6/2017 2:52 AM
Copyright Cengage Learning. Powered by Cognero.
Page 21
58. The idea that evidence illegally obtained by police can still be admitted at trial if the link between the police illegality
and the evidence’s discovery is weak enough is called the _______________ exception.
ANSWER:
attenuation
POINTS:
1
REFERENCES:
The Exceptions to the Exclusionary Rule
QUESTION TYPE:
Completion
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.10.04 - Understand that the exceptions to the “fruit of the poisonous tree”
doctrine allow more evidence into court to prove guilt.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 2:50 AM
DATE MODIFIED:
1/6/2017 2:52 AM
59. Empirical research suggests that the _______________ costs of the exclusionary rule may not be as severe as we
commonly believe.
ANSWER:
social
POINTS:
1
REFERENCES:
Social Costs and Deterrence: Empirical Findings
QUESTION TYPE:
Completion
HAS VARIABLES:
False
LEARNING OBJECTIVES:
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.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 2:52 AM
DATE MODIFIED:
1/6/2017 2:52 AM
60. The three justifications for the exclusionary rule are the constitutional justification, the deterrence justification, and the
_______________ _______________ justification.
ANSWER:
judicial integrity
POINTS:
1
REFERENCES:
Justifications for the Exclusionary Rule
QUESTION TYPE:
Completion
HAS VARIABLES:
False
LEARNING OBJECTIVES:
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.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 2:54 AM
DATE MODIFIED:
1/6/2017 2:52 AM
61. Identify and explain the rationales behind the three justifications for the exclusionary rule. Which justification does
SCOTUS use today?
ANSWER:
There are three justifications behind the exclusionary rule: the constitutional right
justification, the judicial integrity justification, and the deterrence justification.
The constitutional right justification stems from the ancient legal saying “There is no right
without a remedy.” Thus, when a constitutional right has been violated, the Constitution must
afford a remedy or the right becomes meaningless.
The judicial integrity justification maintains that the honor and honesty of the courts forbid
them to participate in unconstitutional conduct. Under this rationale, if courts allow evidence
seized in violation of the Constitution to be admitted, they become a partner in the
lawbreaking process, thus lessening their integrity.
The deterrence justification says that throwing out good evidence because it was obtained
illegally sends a strong message to law enforcement. The message would not repair past
conduct. Rather it would deter future misconduct by showing law enforcement what the
effect of the misconduct might be.
Today, SCOTUS uses the third justification—the deterrence justification—to support the
existence of the exclusionary rule.
POINTS:
1
REFERENCES:
Justifications for the Exclusionary Rule
QUESTION TYPE:
Essay
HAS VARIABLES:
False
LEARNING OBJECTIVES:
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.
KEYWORDS:
BLOOM’S: Apply
DATE CREATED:
1/5/2017 2:56 AM
DATE MODIFIED:
1/6/2017 2:52 AM
62. Identify the five exceptions to the exclusionary rule. Explain the importance of each and how it applies to cases.
ANSWER:
There are five major exceptions to the exclusionary rule: collateral use, cross examination,
attenuation of taint, independent source and inevitable discovery, and reasonable good-faith
exception.
The collateral use exception allows the use of illegally obtained evidence in nontrial
POINTS:
1
REFERENCES:
The Exceptions to the Exclusionary Rule
QUESTION TYPE:
Essay
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.10.04 - Understand that the exceptions to the “fruit of the poisonous tree”
doctrine allow more evidence into court to prove guilt.
KEYWORDS:
BLOOM’S: Apply
DATE CREATED:
1/5/2017 2:58 AM
DATE MODIFIED:
1/6/2017 2:52 AM
63. Detail five possible negative effects of the exclusionary rule. Provide examples of problems that may arise from these
exceptions.
ANSWER:
Possible negative effects of the exclusionary rule include:
• court delay
• diversion of resources from trials to suppression hearings
• weakening of the Fourth Amendment guarantees by judges reluctant to exclude
evidence
• encouragement of plea bargaining
• empowerment of corrupt police officers to immunize criminals by botching searches
• imposition of extrajudicial punishment by officers who find themselves unable to
secure convictions lawfully
• fostering false testimony by police officers
Examples of problems related to these negative effects will differ, but some may include
difficulties with court dockets, violation of the right to speedy trial, and innocent defendants
pleading guilty.
POINTS:
1
REFERENCES:
Justifications for the Exclusionary Rule
QUESTION TYPE:
Essay
HAS VARIABLES:
False
LEARNING OBJECTIVES:
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.
KEYWORDS:
BLOOM’S: Apply
DATE CREATED:
1/5/2017 3:00 AM
DATE MODIFIED:
1/6/2017 2:52 AM
64. Discuss two SCOTUS opinions that expand the good-faith exception.
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.10.06 - Understand and appreciate the significance of the knock-and-
announce and good-faith exceptions to the exclusionary rule.
KEYWORDS:
BLOOM’S: Apply
DATE CREATED:
1/5/2017 3:03 AM
DATE MODIFIED:
1/6/2017 2:52 AM
65. Discuss three of the empirical findings with regard to social costs and deterrence of the exclusionary rule.
ANSWER:
Police pay more attention to the Fourth Amendment than they did after the Mapp decision.
However, many officers don't take the rule into account when they're deciding whether to
make a search or seizure.
The social costs of letting guilty criminals go free by excluding credible evidence that would
convict them might not be as high as we commonly believe. Prosecutors almost never reject
cases involving violent crimes because of the exclusionary rule. In California, evidence
seized illegally has led to dismissals in a mere 0.8 percent of all criminal cases and only 4.8
percent of felonies.
The exclusionary rule affects only a small portion of cases, and most of those aren't crimes
against persons. Less than one-tenth of one percent of all criminal cases will be dismissed
because the police seized evidence illegally.
Prosecutors and police don't believe that Fourth Amendment rights or their protection via the
exclusionary rule are a significant impediment to crime control.
Many police officials report that the demands of the exclusionary rule and the resulting police
training on Fourth Amendment requirements have promoted professionalism in police
departments.
The exclusionary rule appears to be providing a significant safeguard of Fourth Amendment
protections for individuals at a modest cost, in terms of either crime control or effective
prosecution.
POINTS:
1
REFERENCES:
Social Costs and Deterrence: Empirical Findings
QUESTION TYPE:
Essay
HAS VARIABLES:
False
