Reference no: EM131604892

Legal Case Analysis

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. The choice of the cases is left to you, but must be pre-approved by your instructor as appropriate for this assignment.

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 __________________

The instructor will respond with a message indicating approval or other direction.

After receiving instructor approval, you will submit the four legal case reviews. For each case, you will

provide a brief overview of the facts of the case

provide the determination of the court

describe the legal reasoning or rationale used by the court to reach its decision

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 creditable sources with appropriate citation.

Grading for this project will be based on the comprehensiveness of the constitutional/legal principles applicable to the decision your understanding of the ramifications of the court's decision for criminal investigations the clarity and efficiency of your writing

Review of this project will help the instructor assess your ability to communicate effectively across a wide variety of stakeholders identify constitutional and statutory parameters for conducting criminal investigations