Assignment
Background
Nearly every legal constraint on the collection and presentation of forensic or testimonial evidence in a federal criminal proceeding emanates from the 4th and 5th Amendments, and is applied to state-level cases by the 14th Amendment. Case law has not only affirmed the applicability of these constitutional rights; it has provided and continues to provide definitions, exceptions, and direction. Most importantly, the courts have shaped the "exclusionary rule" as the consequence for violation of these protections. The criminal investigator must have a comprehensive knowledge of these court decisions, the principles in which they are grounded, and their application to the investigation at hand.
Project Assignment
You shall submit a total of four case law reviews describing two pivotal cases allowing or disallowing the handling (search, seizure, collection, procession, court presentation, etc.) of forensic evidence, and two pivotal cases allowing or disallowing the handling (capturing, recording, soliciting, etc.) of testimonial evidence. The second case for each category may not be merely the application of a federal ruling to state-level cases under the provisions of the 14th Amendment.
You will submit your legal case selection via the Assignments folder as follows:
• 1. Forensic Evidence 1: Case Name ____________, Citation __________________
• 2. Forensic Evidence 2: Case Name ____________, Citation __________________
• 3. Testimonial Evidence 1: Case Name ____________, Citation __________________
• 4. Testimonial Evidence 2: Case Name ____________, Citation __________________
Case Searching Hint: As far as the application of a federal ruling to state level cases, just make sure in your selection process you don't choose a case that is the same case as your first selection, only focused on the state level. If you pick four different case narratives that are not associated with one another you will be fine.
Your paper must be comprised of complete 4-6 pages. For each case, you will address the following in complete 1-2 pages.
1. provide a brief overview of the facts of the case
2. provide the determination of the court
3. describe the legal reasoning or rationale used by the court to reach its decision
4. describe the implications of the ruling on the conduct of criminal investigations
Note: This is not an opportunity for you to express your personal opinion on whether the court was right or wrong in its decision. However, you may include authoritative commentary from credible sources with appropriate citation.
In your paper,
• Must include proper introduction and conclusion
• Must provide 4 credible sources and citations of cases you discussed. This must be done in APA.