(There are 4 parts to this assignment each part needs a small paragraph discussing about each assignment.)
1. Selective Incorporation cj1
Introduction
In Duncan v. Louisiana (1968), the defendant was charged with and found guilty of simple battery without a jury trial as Louisiana law stated that it was a misdemeanor and punishable by less than 2 years of imprisonment. At issue was whether Duncan’s 6th Amendment right to an impartial jury was violated by the state of Louisiana. This case is an example of selective incorporation, which is a constitutional doctrine that ensures that states cannot enact laws that take away the constitutional rights of U.S. citizens guaranteed to them by the Bill of Rights.
Instructions
In your main post:
·Summarize the various tests for determining which rights are incorporated and applied to the states.
·Explain whether all content in the Bill of Rights is fundamental and should be automatically incorporated.
·Discuss why the Bill of Rights would be drafted as it is, if those rights were not fundamental.
2. Jury Selection and Scruplescj 1
Introduction
In Witherspoon v. Illinois (1968), the U.S. Supreme Court held that jurors cannot be removed merely because of general scruples against capital punishment, adding that a juror may be excluded “for cause” if it is “unmistakably clear” that he or she would automatically vote against the death penalty if sought by the prosecutor or if the juror could not be impartial in the determination of the defendant’s guilt. This holding was affirmed in Lockhart v. McCree (1986).
Instructions
In your main post:
·Compare the similarities and differences between Witherspoon v. Illinois and Lockhart v. McCree cases.
·Explain the effects of the rulings of Witherspoon and Lockhart rulings.
3. Use of Informants cj2
Introduction
Probable cause is very time- and place-specific, and information used in an investigation to generate a search warrant must be current. Law enforcement must be able to establish that evidence of a crime may be found at that time and in a certain place. In United States v. Leon (1984), the Court held that 5-month-old information from an informant is “stale” and cannot be used to establish probable cause. However, in the same case, the Court did not specify how much time may elapse between the informant’s observation and the issuing of a warrant, but instead stated that the issue of staleness “must be determined by the circumstances of each case.”
Instructions
In your main post:
·Assume the role of a law enforcement officer and identify the challenges inherent in evaluating staleness from the circumstances of the United States v. Leon case.
·Discuss two situations where evidence would not be stale even after the passage of a considerable length of time.
·Explain how the digital era has redefined the issue of evidence staleness.
4. Alternatives to the Exclusionary Rule cj 2
Introduction
Evidence obtained in violation of the 4th Amendment cannot be used at trial. The primary purpose of the exclusionary rule is to deter police misconduct. However, there are a number of exceptions to the exclusionary rule that allow evidence that is seized without a warrant to be introduced at trial. These include the good faith exception, the inevitable discovery exception, the purged taint exception, and the independent source exception.
Instructions
In your main post:
·Explain the advantages and disadvantages of a minimum of two of the exceptions to the exclusionary rule.
·Identify which exception to the exclusionary rule you feel preserves the integrity of the judicial system and explain why.
·Propose two additional exceptions to the exclusionary rule and how they would aid law enforcement in investigating cases while still maintaining professionalism.
·Explore how the additional proposed exceptions would aid law enforcement in investigating cases while still maintaining professionalism.
