Reference no: EM133515282

Discussion Post

I. The Exclusionary Rule is not constitutionally created; rather, the Rule is a mechanism designed to protect constitutional rights. In particular, the Rule was created, in large part, to deter police misconduct. If police obtain evidence in a manner that is inconsistent with an individual's constitutional rights, evidence seized as a result may be excluded. However, the Rule has a large number of exceptions, and many criticize the Rule's effectiveness at police deterrence. Does the Rule serve as an effective deterrent mechanism to police misconduct? Explain your answer with case examples and/or peer-reviewed sources. Note: Your response should indicate an understanding of the exceptions to the Exclusionary Rule and how they apply to factual scenarios.

II. Law enforcement is motivated to obtain confessions. However, the Fifth Amendment places a number of restrictions upon law enforcement when conducting interrogations.

1. Offenders present with a number of factors that must be considered when conducting an interrogation. Variables such as age, mental health, IQ, substance use and even lack of sleep, may cause the investigator to question the accused's ability to voluntarily waive Miranda and to participate in the interrogation. What steps must law enforcement take to ensure that an accused's willingness to communicate with law enforcement during an interrogation is voluntary?

2. Why do innocent people confess to crimes they did not commit? You must cite to at least 3 reasons. Further, discuss the impact of false confessions and suggest procedures that can be implemented from a law enforcement perspective to reduce false confessions.