This paper requires you to write 5 pages, not including the title page, abstract and reference page. You should also use a total of five or more sources, one of which should be the Criminal Procedure textbook. APA 7th

Topic:

You are a legal assistant working with a criminal defense attorney on a homicide case. At the defense team’s strategy meeting the lead attorney points out that there is a disturbing amount of physical evidence linking your client to the murder and if this evidence is fully presented to the jury there is a strong likelihood that you will lose the case and your client will be convicted. However, there is also evidence that the police conducted searches of your client’s vehicle and residence in violation of his constitutional rights.

Your boss intends to focus on preventing the introduction of this evidence and you have been given the responsibility of researching the possibility of your team successfully doing so.

Using the excellent Criminal Evidence: Principles and Cases textbook ed 9 and at least four other sources, put together a paper addressing the following:

1. Discuss the exclusionary rule and how it might benefit your client?

2. How might the fruit of “the fruit of the poisonous tree” apply to the benefit of your client in this scenario?

3. If the judge denies your request to exclude evidence using both the exclusionary rule and the fruit of the poisonous tree doctrine, how else might the admissibility of this evidence be challenged by your defense team?

4. If the evidence is excluded using the exclusionary rule are there still potential avenues the prosecution may use to admit this evidence under certain situations?

5. If you are successful in excluding evidence does that mean the case will necessarily be dismissed? Explain.

Need to be done by September 17, 2021, 3:00pm EST

Instructions: Select one of the scenarios below and answer the following questions: (1) If you were the judge, how would you achieve specific deterrence in each scenario? (2) How would you achieve general deterrence? (3) Is your decision consistent with Beccaria’s arguments on the certainty, celerity (swiftness), and severity of the punishment?

1. You are a police officer and you are buying a cup of coffee at the local “Stop and Rob” convenience store. You see a juvenile male place a quart of milk inside his jacket. You approach the person and tell him to open his jacket. He complies. He apologizes for his actions. He explains that he could not afford to buy the milk but he needs it for his child. He promises not to do it again and asks you to let him go.
2. A major pharmaceutical company introduces a new weight-loss drug. Although the pharmaceutical company knows that the drug may increase the chances of heart attacks and strokes, the company’s warning label states that, “Product X has no known side effects.” After the drug is linked to hundreds of heart attacks and strokes and dozens of deaths, the company pulls the drug off the market.
3. Laura has had a hard day at work. Before going home, she decides to stop at a local bar and have a couple of drinks. After consuming several drinks, she decides to drive home. She runs a red light and crashes head-on into another vehicle. The two occupants of the other vehicle are killed. One of the occupants of the car was 6 months pregnant at the time of the crash. Laura’s blood alcohol content was .18. She has a previous conviction for Driving Under the Influence (DUI).
4. John and Amy have been in a relationship for 10 years. Amy has grown tired of the relationship and has been having an affair with another man for the last 6 months. Amy and her lover make a plan to kill her husband. Amy takes out a $500,000 life insurance policy on her husband. Several weeks later, her lover breaks into Amy’s house and shoots and kills her husband. He takes a few valuables from the house to make it look like a burglary.
5. You and your partner are dispatched to a domestic dispute. When you arrive, you hear loud voices inside the house. You knock on the door and announce that you are with the police department. A small-framed male answers the door. You advise him that you’ve received a call about a domestic dispute. You notice that the man has a small amount of blood dripping from his lower lip, which also appears to be bruised. You ask the man if he is okay or in need of medical attention. He advises you that he and his “roommate” have had a little fight that “got out of hand.” A larger male is standing in the kitchen and he seems irritated that you are there. He speaks up and says “We were arguing and I lost my temper a little.” The smaller male advises you that he does not need medical attention and that he does not want to press charges.