Forensic Evidence:Forensic Evidence

Description

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.

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.

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.

You will submit the four legal case reviews. For each case, you will:

 provide a brief overview of the facts of the case

 provide the determination of the court

 describe the legal reasoning or rationale used by the court to reach its decision

 describe the implications of the ruling on the conduct of criminal investigations