Refer to attached materials
For this assignment, you will submit a critical essay in which you:
discuss controversial areas in evidence law;
assess the specific Federal Rules of Evidence that are problematic within those controversial areas and then propose changes; and
analyze the two cases you chose and analyzed in the Evidence Chart for your Module 7 Portfolio Milestone Assignment.
Note: In Module 7, you will complete your evidence chart. Visit Module 7 for complete details on the Milestone assignment and to review its grading rubric.
Directions:
Some rules of evidence such as the Miranda warning are controversial, causing arguments over what would best serve the overall needs of society. Indeed, the introduction or preclusion of a single piece of evidence can result in a drastic change in the result of a case.
In your paper, address the following.
Select four areas in evidence law where the rules are controversial.
What are the controversial rules within each potentially problematic area? What language specifically makes the rule(s) controversial? How would you propose to improve this problematic area of evidence law? In your proposed suggestions for improvement, also include draft language for an improved rule.
Research the history of the different areas you find troubling (for example: history of the use of expert witnesses in criminal court proceedings). Some areas you might consider:
use of DNA evidence
use of expert witnesses and the guidelines imposed for qualification as an expert
child witnesses
defendants’ rights at trial
scientific evidence and reliability issues
Miranda warnings
privileges
exclusionary rule and exceptions
mistaken identification
warrantless searches
surveillance
Note: You are not confined to this list. You may choose other topics and their applicable rules in evidence to evaluate. This list is simply offered as a starting point and does not provide you with the rules you must analyze.
