Critique the current Rules of Evidence and supporting legal opinions as to their relationships with current technology and societal changes.
Write a 10- to 15-page paper that addresses the following. At your discretion, include answers to 3 of the following but no more than 4.
- Discuss whether or not the criminal justice system could operate without the existence of privileges to evidence. Within this answer, discuss why privileges exist and argue for or against the end of privileges and society’s interest in these rules of evidence. Discuss a minimum of two different privileges within your answer.
- Discuss the use of presumptions as evidence to meet the burden of proof in a criminal case as discussed in County Court of Ulster v. Allen, 442 U.S. 140, 1979. Discuss whether presumptions should be allowed as evidence to convict someone of a crime as a societal standard.
- Discuss the concept of judicial notice. Use at least three case examples of how judicial notice operates and what are the boundaries of what can and cannot be judicially noticed. Include in your answer why judicial notice is needed for effective operation of the court system.
- Discuss the purpose of the rules of evidence. Show the historical development of at least two separate rules and discuss how they have changed over time alongside societal changes. In your answer, argue why the rules should or should not adapt to changing societal norms.
- Discuss the case of Crawford v Washington 541 U.S. 36 (2004) and the implications of this case into how courts look at how this case changed the accepted rule of hearsay admissions versus protecting constitutional rights of a defendant. Explain how the case changed or did not change the court views on accepted rules of evidence versus other protected rights and if this case is a change in legal reasoning or a byproduct of changing societal viewpoints.
NOTE: This assignment will require outside research. Use the textbook and at least two other scholarly resources to support your paper.
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