Legal Aspects of Criminal Justice System


INSTRUCTION: Pages and number of words per page not included.
Answer each of the questions fully and completely.
Question 1: (1 page answer)
In Kyllo v. United States (2001) http://laws.findlaw.com/us/533/27.html , the U.S. Supreme Court held that using a technological device to explore the details of a home that would previously have been unknowable without physical intrusion is a search and is presumptively unreasonable without a warrant. The federal prosecutor argued that thermal imaging does not constitute a search because (1) it detects “only heat radiating from the external surface of the house” and therefore there was no entry, and (2) it did not detect private activities occurring in private areas because “everything that was detected was on the outside.” Do you agree with the Court or the Prosecutor? Should what radiates from a private home be protected?
Question 2: (1 page answer)
Brain fingerprinting is a controversial new tool used in helping to solve crimes. What criteria from Frye and/or Daubert will the process need to meet to be admissible as evidence in court?
Question 3: (1 page answer)
The rights to counsel and to due process apply in lineups, showups, and photographic identification, but the rights to protection against unreasonable searches and seizures and self-incrimination do not. Discuss the reasoning as to why the Court applies the first two but not the last two. Does the Court’s reasoning make sense? Discuss why it does or does not make sense.  Explain



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