Defending Our Rights

Position Paper 2: 

Defending Our Rights: Protecting Against the Use of ICTs

by Law Enforcement

Sometimes information and communications technologies (ICTs) provide new and promising ways for law enforcement to work advantageously to solve a crime, locate a suspect and gather evidence.  However, some of the actions of law enforcement have violated certain constitutional rights of individuals such as protections against illegal searches and seizures and privacy.  While we may champion the noble work of law enforcement, officers of the law more than any person, must abide by the law and not infringe on the rights of individuals by circumventing accepted procedures.

Below are three (3) articles discussing real incidences when law enforcement used ICTs creatively to enact justice.  Regardless of the real outcome, you are required to argue in defense of the rights of the individual or against the position of law enforcement in their use of a specific ICT. Everyone is entitled to a trial and a defense which is due process under the Fifth Amendment.  Remember, the accused is presumed innocent before being found guilty.  For this position paper, you are required to select from one of the choices presented to prepare a written defense statement.

1. Solving a Cold Case using DNA information:

Murphy, H. (2019, April 25).  Sooner or later your cousin’s DNA is going to solve a murder.  The New York Times.  Retrieved at https://www.nytimes.com/2019/01/21/science/dna-crime-gene-technology.html

2. Tracking Anyones’ Location:

Tau, B. & Hackman, M. (2020, February 7). Federal Agencies Use Cellphone Location Data for Immigration Enforcement.  The Wall Street Journal. Retrieved at

https://www.wsj.com/articles/federal-agencies-use-cellphone-location-data-for-immigration-enforcement-11581078600

3. Using Facial Recognition software:

Valentino-Devries, J.  (2020, January 12).  How the Police Use Facial Recognition, and Where It Falls Short.  The New York Times.  Retrieved at https://www.nytimes.com/2020/01/12/technology/facial-recognition-police.html

Write a position paper (five (5) pages, double-spaced, Times Roman, 12 pt. font, one-inch margins all around, full-name in Header and page numbers in footer).  Be sure to save the paper in the format last name paper2 (e.g. Ellispaper2).

Your position paper should adhere to the following general outline:

Part I – Introduction clearly identifying who you are and who you are defending by name (your choice); The forum where you are presenting your defense is a court room before a judge and jury; Give an overview of the issue or problem resulting from law enforcement (FBI, DHS, police officer, etc.) making use of the ICT to affect justice, while at the same time violating the specific rights of your client; Be sure to include research  that may be helpful. (approx. 2 pages).

Part II – Present at least two (2) arguments to persuasively support your position in defense of your client’s rights which have been violated or infringed upon by law enforcement seeking to make use of technology or access to information; Be sure to include research that may be helpful. (approx. 2 pages).

Part III – Conclusion should be succinct and pointed summation of how your client’s rights have been violated by overzealous action of law enforcement.  Appeal to jurors common sense and individual perspective as any US citizen with the same rights and protections. (approx. 1 page).

You are required to conduct further research on the issue presented using at least four (4) sources (Please note Wikipedia and the articles I have cited on the topics CANNOT be used as part of your cited sources).  Use In-text or parenthetical citation format within your paper and include a “list of references” at the end of your paper using APA citation style.  For information on In-text citation APA style and proper usage, review:  https://owl.purdue.edu/owl/research_and_citation/apa_style/apa_formatting_and_style_guide/general_format.html.