ESSAY

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 Procedure text and at least 4 other sources, put together a paper analyzing the following questions.

1. If the judge decides to exclude the evidence is there any way it may be introduced at the trial?


2. How does the concept of "fruit of the poisonous tree" apply in this scenario? How can your defense team get around it?


3. Is there any possibility the judge may dismiss the case at that point?  If evidence is admitted, how else may it be challenged?

Combine all your findings into one document for the attorney to review.  Make sure the format of your document adheres to all of the above requirements.

REQUIREMENTS: 

Write a five (5) page minimum, DOUBLE SPACED, 12-FONT TIMES ROMAN paper with references and sources cited in APA format.  Your cover sheet and your source citing/references are NOT included in the five page minimum.

Your grade will depend upon the presentation of your analysis and research, the quality of the work presented - whether you give a detailed presentation or a vague overview, whether you addressed all parts of the question asked, and how you support your argument/discussion - as well as the citing of a variety of sources/use of references and whether you met the mandatory minimum page requirement.  Please make sure to use AT LEAST 5 sources for your research. 

The paper should be written using APA Format.  Please make sure you review your paper for spelling, grammar, and format and plagiarism errors before submitting it. Remember that the paper should be typed in Microsoft Word and submitted as an attachment.  Your paper will not receive a grade until it is submitted properly.  If you need assistance, please let me know.

 

It is recommended that you use the Keiser Owl Writing Lab to assist you with editing and revising your paper before turning it in.

Please note that you need a cover/title page and a reference page.  These do not count toward your 5 page minimum.