You are the Chief of the District Attorneyâ€s Investigation Team for a major metropolitan area. You budget recently allowed you to hire 16 new investigators that will be sprinkled throughout your department. While the new personnel are a blessing you realize that they have had little time as investigators and you are concerned that they be 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 10-12 page white paper that outlines concerns for Exclusionary Rule issues.
In a white paper of 10â€“12 pages to the newly assigned investigators for the District Attorneyâ€s Investigation Squad please include responses to the bulleted issues listed below. There are a number of evidence related resources that are not found in academic journals that may be utilized as references in this assignment. 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.
Address the following in 10â€“12 pages:
Describe the â€œExclusionary Ruleâ€ 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 â€œBest Evidenceâ€. 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 â€œFruit of the Poisonous Treeâ€ 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.
Note: For this exercise do not involve military use of water boarding on enemy combatants. That is another issue that your investigators will not have to face.
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