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Role Of Legal Education In Research Proposal

In that regard, officers who misunderstand reasonable suspicion, probable cause, the limits of officer safety as a predicate to conducting frisk searches, and the complex procedures for securing and executing both search and arrest warrants run the risk of undermining the government's prosecution of criminal defendants by poisoning the evidence necessary to convict them (Dershowitz, 2002; Hoover, 2005; Schmalleger, 2008).

In modern American criminal justice administration, physical evidence secured and testimonial evidence adduced in violation of established legal standards are subject to exclusion as the judicial remedy for improper police procedure that violates the Fourth

Amendment constitutional and other derivative rights of defendants (Dershowitz, 2002;

Hoover, 2005; Schmalleger, 2008). Furthermore sufficiently egregious violations of constitutional due process in several areas can result in civil liability for the officer personally and for government agencies under Title 42 U.S.C. 1983 and even in criminal

liability under Title 18 U.S.C. 242 (Schott, 2008).

Likewise, violations of Fifth Amendment rights such as the right against self-incrimination or compelled testimony through coercive interrogation also jeopardize government prosecution by invalidating the testimonial evidence elicited in violation of established rights and standards applicable to custodial interrogation of criminal suspects

(Dershowitz, 2002; Schmalleger, 2008; Zalman, 2008). Finally, legal education in modern law enforcement training is also necessary to ensure that the necessary use...

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The consequences of failure to understand legal concepts include failed prosecutions as well as both civil and criminal liability for government agencies and individual law enforcement officer. Therefore, a comprehensive legal education is a fundamental requirement in modern American law enforcement training at very level.
References

Dershowitz, A. (2002). Shouting Fire: Civil Liberties in a Turbulent Age. New York:

Little Brown & Co.

Friedman, L. (2005). A History of American Law. New York: Simon & Schuster.

Hoover, L. "The Supreme Court Brings an End to the 'End Run' Around Miranda" FBI

Law Enforcement Bulletin, June 2005; Vol. 74, No. 6.

Schmalleger, F. (2008). Criminal Justice Today: An Introductory Text for the 21st

Century. Hoboken, NJ: Prentice Hall.

Schott, R. "Double Exposure: Civil Liability and Criminal Prosecution in Federal Court

for Police Misconduct" FBI Law Enforcement Bulletin, May 2008; Vol. 77, No.

5.

Zalman, M. (2008). Criminal Procedure: Constitution and Society. New Jersey: Prentice

Hall.

Sources used in this document:
References

Dershowitz, A. (2002). Shouting Fire: Civil Liberties in a Turbulent Age. New York:

Little Brown & Co.

Friedman, L. (2005). A History of American Law. New York: Simon & Schuster.

Hoover, L. "The Supreme Court Brings an End to the 'End Run' Around Miranda" FBI
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