Assignment:
Instructions
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.
Criteria:
1. The case must be criminal and the defendant must have been found guilty
2. The case must have been appealed.....you are looking for an appeal based on either a forensic issue or testimonial evidence.
3. The case must have occurred in the US
So, try searching "criminal appeal forensic evidence" or "appeal testimonial evidence". You can also go to the Supreme Court website.
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.
Readings:
1. Supreme Court Of The United States
By Shaun Michael Bosse
2. Supreme Court Of The United States
By Williams and Illinios
3. Supreme Court Of The United States
By Bullcoming and New Mexico
4. Supreme Court Of The United States
By Venessa Stuart