Explain the Fourth Amendment’s provisions, focusing on the exclusionary rule and its protections, as well as arguments for and against its repeal. Include a discussion of the current trend regarding the illegal seizure of evidence.

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Must use APA format: 12-point font, Times New Roman, double spaced.

Must include citations.

Original work, no plagiarism.

Please use the following to complete task # 1

 

Peak, K. J. (2012).  Policing America: Challenges and best practices (7th ed.).  Upper Saddle River: Prentice Hall.  Chapters 9 and 11.

 

PART I: SHORT RESPONSE

 

 

 

Task #1: Please answer each of the following questions.  Ensure that your responses are at least 1-2 paragraphs in length for each question.  You may include examples from the text; however, please include APA citations as necessary.  Please visit the Academic Resource Center for a concise guide on APA format.

 

 

 

1.      Explain the Fourth Amendment’s provisions, focusing on the exclusionary rule and its protections, as well as arguments for and against its repeal.  Include a discussion of the current trend regarding the illegal seizure of evidence.

 

 

 

2.      Examine the major protections afforded citizens under the Fifth and Sixth Amendments, focusing on the right for counsel and against double jeopardy and self-incrimination.  Why are these rights important?  Consider what would happen if they were to be completely “eroded.”

 

 

 

3.      Describe the probable cause concept by first defining it and then explaining why it is somewhat unclear and difficult to conceptualize.  Provide an example of its operation.

 

 

 

4.      Discuss how an arrest and/or search and seizure are accomplished, both with and without a warrant.  What is required, and what are some advantages/disadvantages of each method?  Why do the police make most of their arrests without a warrant?

 

 

 

5.      Explain the major legal/philosophical differences in adult and juvenile law.  How do these combine to affect the manner in which police must deal with juvenile suspects/offenders?

 

 

 

6.      Describe crimes and punishments under the Islamic Law of Sharia.

 

 

 

7.      Explain the incidence, expense, and benefits of lawsuits against the police.

 

 

 

8.      Define duty of care, proximate cause, failure to protect, and special relationship in the context of police liability.

 

 

 

9.      List and describe the levels of negligence and types of torts recognized in the law.

 

 

 

10.    Summarize Title 42, United States Code Section 1983, its development (including the reason(s) it was enacted), and its application in contemporary society.

 

 

 

11.    Define what is meant by a “frivolous” lawsuit.

 

 

 

12.    Explain how police facilities may bring about police liability.

 

 

 

13.    Describe how police supervisors may be held liable for the acts of their subordinates.

 

 

 

14.    Discuss the two relatively new potential areas of police liability, concerning public information officers and handling computer evidence.

 

 

 

Task #2: Using LIRN (please visit the Academic Resource Center for a guide on how to use LIRN effectively) or the Internet find a recent article on some type of law enforcement misconduct issue in the United States and write a synopsis including the answers to the following questions.

 

 

 

  • What is the liability for the law enforcement officer or agency?

  • What types of training and education could local law enforcement agencies use to minimize the potential for a lawsuit being filed against them for this type of issue?

  • How does our view of this event today differ than it did in the past?  Explain.

  • Cite your article using APA format.

 

 

 

PART II: JOURNAL ACTIVITY

 

 

 

Find a news article online reporting an officer whose use of force has been called into question as to whether the force was reasonable or not (i.e. was the force necessary or labeled by the article as “police brutality?”).  Summarize the article in 200-400 words and provide your opinion (with specifics) as to whether you believe the force used was reasonable or unreasonable and whether the officer should be liable for the damage inflicted to the suspect/victim or not.  Be sure to reference your news source in your submission (please visit the Academic Resource Center for a concise guide on APA format).

 

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