Mechanism designed to protect constitutional rights

Assignment Help Other Subject

Reference no: EM133804021

Question 1: The Exclusionary Rule

1. 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.

Question Two: False Confessions

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

a. 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?

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

Reference no: EM133804021

Questions Cloud

Discuss the importance of obtaining the heigt and weight : Discuss the importance of obtaining the heigt and weight of all patients, especially pediatric patients and oncology patients, at each visit to the medical offi

Provide culturally diverse nursing care : Provide culturally diverse nursing care, describe the six cultural phenomena that are evident in all cultural groups. Submission

Describe historical attitudes and perspectives : Describe historical attitudes and perspectives and their influence on the policy's development. Provide details and examples of how cultural and social norms.

What in-office therapies could you use to decrease : What in-office therapies could you use to decrease this patient's muscle tension? June is a 23 y.o. college students who comes to you complaining of high stress

Mechanism designed to protect constitutional rights : The Exclusionary Rule is not constitutionally created; rather, the Rule is a mechanism designed to protect constitutional rights.

Constitutional power and authority of supreme court : Paper explaining the source and origin of the constitutional power and authority of the Supreme Court.

Home hydrotherapy treatment for patient : difficulty sleeping due to racing thoughts. She also notes that she keeps getting colds. She has been sick 5 times in the last 6 months

Which dopaminergic tract has altered dopamine signaling : A 37-year-old male with a history of schizophrenia presents with a flat affect. He likely has altered dopamine signaling in which dopaminergic tract?

Which medical emergency should the nurse assess for : The nurse is about to administer the next dose when the client tells the nurse about having a throbbing headache. Which medical emergency should the nurse asses

User Account

All Pages