I need help in writing a 1,050-1,400 word letter in which I have to assume the role of any modern United States senator. The letter has to be directed to the Congress of the United States. In it, either defend the use of the exclusionary rule, or explain why the exclusionary rule was not intended to be used as an enforcement technique for violations of the Fourth Amendment. In the letter:
* Define the scope and limitations of the Fourth Amendment.
* Explain what you think should happen if the police conduct an illegal search and seizure: Should the evidence be allowed or excluded from trail? Should police be granted certain exceptions in using illegally obtained evidence? Why or why not?
* Identify and cite case examples that support your argument.
* If you argue that the exclusionary rule should be abolished, propose an alternative for deterring police misconduct.
* Cite sources according to APA requirements.
I hope someone can guide me through this assignment. Thank you.
Debating Crime and Defending the Homeland.
I decided to write a sample letter wherein I assumed the Role of a U.S. Senator to inform the Congress about my thoughts on the Exclusionary Rule & the 4th Amendment. It is an in-character rendition that I furthered by indicating that I am doing so in preparation for a deliberation on the matter. You can apply this deliberation too in your own version, I strongly suggest. Letters to the congress must be factual but with a sense of eloquence, which I tried to emulate. Senators must have a strong sense of duty which I tried to display. Attached is a word version. Good Luck!
19th of April, 2008
The U.S. Congress
To my fellow Honourable Members of the American Congress,
Sirs and Madams, the date of our deliberations on the possible amendation of the exclusionary rule in relation to the 4th Amendment approaches. I would like to take this opportunity to share with you all some of my concerns regarding the issue being that the right to privacy, the code of due process and criminality has of late become areas of muddled entanglement wherein justice does not itself become served in the pursuit of a lawful trial. It is our duty to clarify the laws and put in place a system that acknowledges social responsibility over manipulative attempts by the unlawful to wrestle laws intended for privacy to protect criminality that at the worst makes a mockery of the justice system leading to justice undelivered by virtue of technicalities.
Our bicameral legislature has been entrusted by the constitution and our people to protect & create measures and laws in the name of democracy, a democracy that celebrates what is fair and just, looking out for the lesser of our countrymen and at the same time putting the good of all above the interests of a few. It is an honourable task that is difficult and rewarding, frustrating and empowering. Of late, I have keenly observed how via the 'technical route', prima facie evidence can be thrown out of a court room and the guilty walks, empowered by the fact that the 4th amendment can be manipulated so as to allow him the privilege of perpetuating his deviance. Sadly, while good lawyers are very important to implement justice, good technical lawyers are all that's needed to let a rapist, a ...
The solution discusses various viewpoints on several criminologuical issues & the politics behind creating laws & regulations for policing & correction. The solution takes on the form of a letter from a US Senator discussing with a colleague various issues including The 4th ammendment and the exclusionary rule in their use as law enforcement techniques.