List five exceptions to the Exclusionary Rule and explain why the Supreme Court created them
What will be an ideal response?
Exceptions to the Exclusionary Rule [student should list five of these]:
• Good Faith
• Inevitable Discovery
• Independent Source
• Public Safety
• Knock-and-Announce
• Procedural Exceptions:
o Harmless Error
o Grand Jury
o Impeachment
o Civil Cases
o Deportation
o Sentencing
o Parole (or Probation) Revocation Hearing
o Search by Private Person
The Supreme Court has used two rationales for the Exclusionary Rule and its exceptions. One is deterrence. If the Court believes that a rule deters police from acting in violation of the suspect's constitutional rights, it normally will apply the Exclusionary Rule. If the court believes that officers in a given situation will not be deterred, it will make an exception to the Exclusionary Rule that covers that situation.
The other rationale that the Supreme Court has used is that introduction of unconstitutionally seized evidence damages the integrity of the court. This is a more theoretical approach. While the court still mentions judicial integrity, for the last 40 years deterrence has been the main rationale behind the court's decisions.
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