> The reason we believe the exclusionary rule works so well is that it strikes directly at the incentive structure for the police.
It also strikes directly at the incentive structure for defendants.
If you prove that the government wronged you but even then you still go to jail, you have little incentive to spend your resources proving that. And neither does anybody else, because prosecutors are not very interested in looking for prosecutorial misconduct.
But if proving government misconduct will keep you out of jail then you have every incentive to do it and the government won't be able to get away with it as much.
It also strikes directly at the incentive structure for defendants.
If you prove that the government wronged you but even then you still go to jail, you have little incentive to spend your resources proving that. And neither does anybody else, because prosecutors are not very interested in looking for prosecutorial misconduct.
But if proving government misconduct will keep you out of jail then you have every incentive to do it and the government won't be able to get away with it as much.