This time I was given 3 topics; I will let you pick which one you feel more comfortable to write.
I know you always do, but this it is part of the instructions:You must "cite as you write." Do not simply list your sources at the end of your paper. You must indicate, within your paper, where your information is from.
1. Does the exclusionary rule really work to protect the rights of defendants/suspects given all the exceptions allowed?
Your discussion should include: the history of the rule (what rights was it designed to protect), the exceptions, abuse of those exceptions, statistical data, and conclude with your opinion whether or not there should be exceptions to the exclusionary rule.
2. 9-11's effect on our 4th amendment rights.
Your discussion should include: The Patriotic Act, changes to "traditional" 4th amendment procedures, rational behind the changes, are the changes 'Constitutional', and conclude with your opinion of the current trend regarding 4th Amendment procedures.
3. Should a police officer be required to have at least an Associates degree in Criminal Justice or some other closely related field?
Your discussion should include: Does an officer's education level play a role in his/her ability to understand and protect the rights of defendants/suspect, does a typical officer without a C.J. degree receive enough training on Constitutional rights from a police academy, is there any research being done in this area, and conclude with your opinion on requirements should be required for one to become a police officer.
Please, let me know which topic you pick. (#1, #2 or #3)
If you have any question, let me know.
Excerpt From Essay:
Your paper will be centered on this scenario:
Mary Ellis, a widow who resides with her adult son William, awakens on a Saturday morning and goes to her walk-in closet, where she finds a man whom she recognizes as a neighbor, Clyde Stevens, lying on the floor unresponsive. Mrs. Ellis calls 911. Minutes later, police and EMS personnel arrive. Mr. Stevens is pronounced dead from an apparent stabbing, as he has a large butcher knife protruding from his back. Mrs. Ellis is transported to the hospital for observation, as she is quite distraught.
Crime scene investigators actively process the scene. In William's bedroom, technicians develop a blood fingerprint adjacent to a light switch, using an amino acid stain, after locating the print using the absorptive properties of blood and a portable argon laser. The crime scene investigator photographs the print and recovers a sample of the blood for DNA analysis. The print is from the right index finger of William Ellis, and DNA analysis matches the blood to Clyde Stevens.
Within this paper, your discussion and research should address, at the least, these questions:
First, describe the 4th Amendment as it applies to entry into a person?s home. What is needed for police to obtain a warrant, and under what circumstances can police enter a private residence without one?
Second, based on what you know of this scenario, provide an analysis of whether police had the legal right to access the Ellis household. What about Mary?s bedroom? William?s bedroom?
Third, explain the exclusionary rule and the ?fruit of the poisonous tree? doctrine and their importance. How do these relate to this scenario?
Finally, describe what steps you would have taken had you done this investigation to ensure that all individuals? rights were protected and all evidence could be used at trial.
As you think about this scenario and related legal concepts, you may want to research the following cases:
? Mincey v. Arizona (1978)
? Weeks v. United States (1914)
? Mapp v. Ohio (1961)
? Silverthorne Lumber Co. v. United States (1920)
? Nardone v. United States (1939)
Can you use some of these websites as reference. http://www.gpo.gov/fdsys/pkg/GPO-CONAN-2002/pdf/GPO-CONAN-2002-9-5.pdf, http://www.fbi.gov/stats-services/publications/law-enforcement-bulletin/march_2011/copy_of_perspective, http://www.law.cornell.edu/wex/Fourth_amendment.
Excerpt From Essay:
Essay Instructions: I need a paper that on thoughts, experiences, incidents, or knowledge of student 4th amendment rights. The paper will also examine and review current school policies found in student handbook(i will send this in a pdf file) that relates to the topic chosen to reflect on. Indicate if the policies warrant improvements or if they are well written, including a DOCUMENTED LEGAL ANALYSIS OF THE POLICY USING APPROPRIATE STATUTORY AND CASE LAW.
Excerpt From Essay:
Essay Instructions: You are a member of the US Supreme Court. Consider this case:
Police suspected a man is growing marijuana inside his home. Late at night, the police (without stepping on the suspect?s property), used a heat-sensing device to determine that part of the defendant?s home was substantially warmer than the other homes in the area. In the detective?s experience, that kind of heat signature indicated indoor ?grow lights.? Based on this information, the detective obtained a warrant to search the house and indeed did find an indoor marijuana-growing operation.
The defendant was convicted but has appealed, claiming the use of the heat sensor without his approval and without a warrant violated his 4th Amendment rights. He believes any evidence related to the heat sensor should have been excluded from the case (and, really, the warrant should not have been issued based on the heat sensor information).
What do you think? Was it an ?unreasonable? seizure of information for the detective to stand on a public sidewalk and use a device that measures heat? How would you rule in this case, and why?
(By the way, this is a real-life case, and the outcome was a 5-4 vote, so don?t be shy about expressing your opinion ? at least 4 of the smartest legal minds in the country agreed with you!)
Please add references and URLs in APA format
Excerpt From Essay:
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