Describe two exceptions to the exclusionary rule. Use case law to further illustrate your point

What will be an ideal response?


The text presents four exceptions to the exclusionary rule:
(1) The inevitable discovery exception holds that if the government can prove that evidence would have been obtained inevitably and, therefore, would have been admitted regardless of any overreach by police, there is no rational basis to keep that evidence from the jury in order to ensure the fairness of the trial proceedings.
(2) The valid independent source exception holds that if evidence that might otherwise fall victim to the exclusionary rule is obtained from a valid, independent source, that evidence can be admitted.
(3) The harmless error exception holds that an error that does not affect the outcome of a judicial proceeding will not cause the case to be dismissed.
(4) The good faith exception holds that evidence is admissible if the police were acting on the belief that their search or arrest warrant was valid, even if an error is made on the warrant by some other court entity (i.e., a clerical error or an error by the judge).

Criminal Justice

You might also like to view...

The ________________ theory holds that anyone who is charged with a crime has the right to challenge the legality of the seizure of evidence

Fill in the blank(s) with correct word

Criminal Justice

__________ _________ occurs when a retained or assigned attorney represents two or more codefendants

Fill in the blank(s) with correct word

Criminal Justice

Patient nondirective counseling wherein the individual is given the opportunity to engage in ____________________ by talking out the situation will provide an outlet for reducing his anger, developing some objectivity, and gaining insight into his

problems. Fill in the blank(s) with correct word

Criminal Justice

The odds of an event occurring is:

a.the critical value based on the alpha level selected and the number of degrees of freedom. b.the probability of getting the observed results given the fitted regression coefficients. c.the probability of a dependent variable being a particular value. d.the ratio of a probability to its complement.

Criminal Justice