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Posted on Aug 27, 2018

You are an investigator with the District Attorneys Investigation Team for a major metropolitan area. You are one of the recently hired 16 new investigators

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 white paper that outlines concerns for Exclusionary Rule issues.

? 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.

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Exclusionary Rule What is Exclusionary Rule The Exclusionary Rule is also known as a judgemade rule The rule was established in Weeks v US Under this case it was concluded that when the police officers are conducting an investigation and they exceed their authority as stipulated by the US Turne 2014 Constitution then the evidence they present in the court of law is null and void and therefore not enforceable In the case the defendant feels that the police officers went beyond their mandate ie they did not have a search and seizure warrant heshe can file a motion of suppressing under the Exclusionary Rule In return the judge can prohibit the prosecution from obtaining or using the evidence gathered in the absence of search and seizure warrant However there are several exceptions that are considered when exercising the Exclusionary Rule They include Good Faith Admissible Evidence Excludible Evidence Tree Doctrine LawShelf 2017 In general the Exclusionary Rule prevents the government through its law enforcement departments from using or presenting evidence in the court of law that has been collected in the violation of the US Constitution Harcourt 2016 Basically the Exclusionary Rule is interpreted in a way that the constitutional rights of the defendant cant be used against him or her It is good to understand that this rule is mainly used in legal cases where physical evidence is suppressed Mirfield 1997 The rule reinforces the provisions of the Fourth Amendment According to the Fourth Amendment a person should not be contrained in a given criminal agency of evidence to act as an observer against himherself Also no individual should be denied independence assets or life with the due procedures as provided by the law Therefore illegal search hunt and seizure of a person or hisher assets is deemed illegal and hence inadmissible Oaks 1970 Exclusionary Rule in Citizens Protection The Exclusionary Rule protects the citizens houses papers assets and other effects against unreasonable searched and seizures Greenhalgh 2003 as provided under the Fourth Amendment For the law enforcement officers to search and seize individuals andor their properties they must acquire search warrant from the court of law The search warrant must indicate specific areas to be searched and specific persons or items to be seized In other words the Exclusionary Rule protects the rights of people to privacy as well as their freedom against any illegal intrusion by the government In the case evidence is picked up or sourced from unauthorized search or seizure that directly or indirectly infringe upon the Fourth Amendment the Exclusionary Rule bans that evidence from being used as part of the court against the accused litigant Therefore citizens are protected against false admissions illicit detection and illegal seizure Turne 2014 They are also protected against different forms of judicial abuse including those that convict them without application of necessary legal procedures Benefits of Exclusionary Rule Most of the benefits of the Exclusionary Rule have been covered in the previous section The Exclusionary Rule in Citizens Protection For instance the Exclusionary Rule prohibits the government from using illegal gotten evidence confirmations compulsion force and other forms of dubious and nonjudicial processes to convict people accused of criminal offences By requiring the law enforcement officers to have search warrants the Exclusionary Rule protects the citizens against search and seizure of their properties and assets Turne 2014 Demonstrative Evidence vs Best Evidence As its name suggests Demonstrative Evidence is a form of evidence that is used to explain realphysical evidence USLEGAL 2016 In other words Demonstrative Evidence illustrates the testimonies of the witnesses in the form of diagrams sketches charts documents maps pictures videos etc Once Demonstrative Evidence is presented in the court of law it is documented to be used as a visual guide to the court and the jury in regard to the verbal explanationdeclaration of the witnesses and other proofs As one of the critical branches of evidence it is right to say that Demonstrative Evidence deals with the identification and authentication of existing evidence to determine whether is the Best Evidence presented in a trial The Best Evidence concept questions the quality of realphysical evidence disks of information and documentary evidence For example real evidence in a disk or security camera is more favored as compared to demonstrative evidence in a chart photograph map chart or a sketch Sandra 2013 Fruit of the Poisonous Tree Violation The doctrine of Fruit of the Poisonous Tree is similar to the Exclusionary Rule Just like the Exclusionary Rule the Fruit of the Poisonous Tree provides that any evidence obtained from illegal search seizure andor arrest is not admissible in the court of law Evidence acquired with disregard of established statutory and the court made standards fall under the doctrine of the Fruit of the Poisonous Tree Therefore absolute adherence requires the investigator to desist from using biased vocabulary and unclear phrases when correcting evidence Also the investigator should not in any way batter the established rights of the suspect regardless of the nature of a crime Failure to do this the judge might apply the doctrine of the Fruit of the Poisonous Tree to suppress all the evidence that was presented under the term polluted evidence Christian Burial Speech Brewer v Williams case held that a police officer ... blur-text-image