You are an investigator with
the District Attorney’s Investigation Team for a major metropolitan area. You
are one of the recently hired 16 new investigators that will be sprinkled
throughout the department. All 16 of you have had little time as investigators
and the Chief’s concern is that you all are properly trained in issues of the
exclusionary rule to avoid problems later on during investigations. This is a
political hot potato because these are supposed to be the best investigators in
the jurisdiction. Your goal is to develop a 5-6 page white paper that outlines
concerns for Exclusionary Rule issues.
In a white paper of 5-6 pages
to be presented to the newly assigned investigators, please include responses
to the bulleted issues listed below. It is critical that when you make a
statement of fact in your presentation that you cite the reference you obtained
the information from in the text of the paper and that the reference is
included in your reference page. As always your paper will be submitted in the
APA format current edition. No abstract is required as this is a short position
paper but a title page, reference page, and appropriate running header with
page numbers are necessary.
·
Assignment Guidelines
·
Address the following in 5-6
pages:
·
Describe the “Exclusionary
Rule” and what it is meant to protect the citizens of this country from.
·
What are the benefits of the
Exclusionary Rule? Explain.
·
Identify at least two methods
of demonstrative evidence which would explain the concept of “Best Evidence”.
You may use scenarios to describe the theory of Best Evidence.
·
Explain to the newly appointed
investigators the absolute adherence to avoiding any evidentiary issue that
would result in a “Fruit of the Poisonous Tree” violation. Explain the ramifications
and results of such a violation. Use at least two scenarios to demonstrate this
issue.
·
Explain to the new
investigators the idea behind the courts displeasure with issues like the
Christian Burial Speech. What might it mean in the long run to a serious case
just as it did with Brewer v. Williams.
·
Explain the types of behavior
that may result in the application of the Shocking the Conscience of the Court
Test. Provide at least one scenario as demonstrative instruction.
·
Provide instruction that
coercion is a clear violation of the constitution. What areas are violated and
what types of behavior are considered coercion.
·
What are the liabilities of
the Exclusionary Rule? Explain.
·
What types of errors
can occur? Explain
·
What ramifications can result
from these errors? Explain.
·
Be sure to reference all
sources using APA style.
