Describe the exclusionary rule and fruit of the poisonous tree. What will be an ideal ...

1)  Answer: The exclusionary rule mandates that evidence obtained in violation of the U.S. Constitution cannot be admitted in a criminal trial to prove guilt. The fruit of the poisonous tree doctrine expanded the scope of the exclusionary rule to include evidence derived from materials that were unconstitutionally obtained.

2)  Answer: Civilian-input duties include reception and investigation of complaints by civilians, but the police department takes the next steps. For civilian monitor, the police department receives complaints, and the process from beginning to end is monitored by the external unit. Civilian monitors do not make decisions. With civilian review, a group of citizens investigates complaints against the police, adjudicates the complaints, and recommends punishment.

3)  Answer: Contributory negligence is a liability defense that holds that if an officer can show that the plaintiff or someone else was also negligent in an event, the officer should not be held liable. Contributory negligence can arise not only from the actions of a criminal suspect, but also from the actions of third parties. Comparative negligence is a partial defense against state tort liability that examines who is to blame and assigns liability accordingly.

4)  Answer: Section 1983 provides a remedy in federal court for the deprivation of any rights secured by the Constitution and laws of the United States. One of the requirements for a successful Section 1983 lawsuit is that the defendant, the person being sued, must have acted under color of law. The second requirement for a successful Section 1983 lawsuit is that a federal or constitutional-rights violation must have taken place.

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