Search and Seizure

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Search and SeizureEssay Describe the concept of due process in the Anglo American system of justice. At the time the Constitution was written, what did the Framers of the Constitution think that due process included? In your answer, provide a discussion and examples of procedural and substantive due process. What were the Framers’ views of “blank” warrants and searches based on a suspicion rather than on probable cause.Essay What is the exclusionary rule? Beginning with a discussion of Weeks v. United States (1914), use Supreme Court cases to describe the development of and incorporation of the exclusionary rule?Short Answer The police are arresting a suspect in his home. They have a warrant for his arrest but they do not have a search warrant.
What can they search and seize that will be constitutionally admissible in court? Short Answer How were the wiretaps used by FBI Director J. Edgar Hoover against Dr. Martin Luther King Jr. justified? Were they constitutional? Legal Representation, Confessions, and Fair Trial Essay Describe the development of the idea that a poor person should have legal representation at trial. IncludePowell v. Alabama(1932),Betts v. Brady(1942) and Gideon v. Wainwright(1963). Essay The legality of confessions obtained by physical abuse, excessive detention and psychological coercion have been determined by the Supreme Court to be inconsistent with the due process clause of the Fifth and Fourteenth Amendments. How is this reflected in the rulings inMirandav. Arizona(1966) andRhode Island v. Innis (1980)? Short Answer What is the current standard for judging counsel ineffective? Cruel and Unusual Punishment Essay In Furman v. Georgia(1972), Jackson v. Georgia(1972), and Branch v. Texas(1972) the Supreme Court invalidated the death penalty statute. The Court stated that due process was denied the defendants because too much discretion was given to juries to “impose this ultimate punishment.” The Court described a “freakish and wanton” pattern of applying the death penalty.
What is the Court’s position in Gregg v. Georgia(1976)? Do you think the Gregg decision clarifies the Court’s position on the death penalty? Essay What issues are raised by the following cases? McCleskey v. Kemp(1987) Thompsonv. Oklahoma(1988) Stanfordv. Kentucky(1989) Short Answer At the time of the writing of the Constitution, what was the thinking about capital punishment? What changes occurred in the 1960s?

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