Constitutional Law Due Process Rights
Order ID 53563633773 Type Essay Writer Level Masters Style APA Sources/References 4 Perfect Number of Pages to Order 5-10 Pages Description/Paper Instructions
Description
Directions:
Students are required to answer the following questions. Each question is worth the number of points designated after the question. and should be answered in a separate essay. Exams should be no longer than 20 pages. Exams do not have to be 20 pages, but should be as long as is necessary to answer the questions.Students must type their answers, and answers must be in complete sentences, where grammar and spelling are checked and will be considered in the grading. Be sure to number the essay responses in your file.
ABSOLUTELY NO PLAGIARISM.
Students should only refer to the class material, no outside sources can be cited. When referring to the Epstein and Walker book, students can cite with a simple page number. When referring to or quoting from a case (majority, concurring or dissenting opinion) students should cite with the name of the opinion writer, the opinion type and the case name (Marshall writing for the majority in Marbury v. Madison – note too that all case names should be italicized). Be sure to cite any thoughts or ideas that are not your own. Any citation to outside material will result in an automatic deduction of 10 points for each citation.
Questions:
1. The Warren Court significantly expanded the rights of the accused. Citing cases from this time, explain how the rights of a defendant in a death penalty case would have changed if they were on trial in 1977 as opposed to 1960. Following the process from investigation to sentencing, what are the major protections that would be extended to a defendant in 1977 that were not in place in 1960? Be sure to address the cases that resulted in changes to the Fourth, Fifth, Sixth and Eights Amendments as well as the important role of the Fourteenth Amendment.
Further, many worried after the Warren Court, that the Burger, Rehnquist and Roberts Courts would significantly curtail the rights of the accused. Focusing the Fourth amendment, was this concern warranted? Did these courts significantly curtail the rights of the accused as related to the 4th amendment? Be sure to cite cases to support your argument. (30 points)
*For the first part of this question you do not need to reference every major case, but make clear how given the decisions of the Warren Court the criminal trial process generally would be different. For the second part of the question, many more 4th amendment cases should be referenced.
2. The right to be represented at a criminal trial by a competent attorney is viewed by many as fundamental in a modern democracy. However, the Supreme Court has recognized this right relatively recently, making it binding on the states. How has the right to counsel evolved over time? Discuss the Supreme Court cases that have extended to right to counsel to indigents. At what stages are the criminally accused entitled to counsel? In addition, during the trial, the 6th amendment protects the right to confront the witnesses against oneself. How has the confrontation clause evolved and expanded since Crawford v. Washington (2004)? (10 points)
2a. The voir dire is a critical component of the criminal trial. It is at this stage that prosecutors and defense attorneys may exclude potential jurors for cause or through the use of peremptory challenges. Explain the differences between these two methods of removal and how attorneys use them. Are there limitations on the use of peremptory challenges by either the prosecution or the defense? If so, what are they? Has the Court provided working rules to help defendants prove that peremptory challenges have been used in a discriminatory manner? If so, what are those rules? Be sure to address the role of race in jury selection as described in the Alexander book. (10 points)
3. When did the Court begin interpreting the application of cruel and unusual punishment using the “evolving standards of decency” standard? How have they determined what these evolving standards are? How has this changed how we interpret and to whom we apply the death penalty in this country? Explain in detail, citing all relevant cases. (10 points)
4. The Supreme Court has held that before interrogating suspects who are in custody, police must warn them of their right to remain silent and the right to have counsel present during questioning (Miranda v. Arizona). Unless these warnings have been made to suspects, the statements they make cannot be used against them at trial. However, the Court has substantially refined this requirement so that it applies only in certain circumstances. Discuss the Court’s interpretation of “custodial interrogation” and “coercive environments.” What do these terms mean, and what effect has the Court recognized that these situations have on the admissibility of statements? As always, discussion of the cases covered will enhance your answer. (10 points)
5. Hypothetical: Randall Martinez, a Hispanic man, was convicted in a Texas court for the murder of a security guard during a bank robbery. Texas allows for the death penalty to be given when certain aggravating circumstances accompany the murder. A defendant may be sentenced to death if any two factors are present. Juries must consider (1) whether the murder was committed in the course of a robbery, (2) whether the murder was shamelessly gross and disgusting, and (3) whether the murder victim was a minor.
Prior to sentencing, the judge, William “Wild Bill” Houston, instructed the jury that all murders are inherently gross and disgusting and that they must include that as one of the aggravating circumstances of this crime. He also said that Hispanics were genetically prone to violent and antisocial behavior and were not fit for society. The jury returned with a death sentence for Martinez, having found that the murder was gross and disgusting and that it was committed in the course of a robbery.
The Intermediate Court of Appeals and the Texas Supreme Court upheld Martinez’s conviction and the death sentence. In his appeal to the U.S. Supreme Court, Martinez relied on a study conducted by researchers at Texas A&M University, which showed that in Texas, Hispanics were 40% more likely to get the death penalty than black defendants and 75% more likely to get the death penalty than white defendants in murder trials. In murder cases tried before Judge Houston, 90% of Hispanic defendants received the death penalty while only 40% of black defendants and 25% of white defendants received the death penalty.
Based on this information, if you were a justice of the Supreme Court, would you overturn his sentence? How has the Supreme Court interpreted the 8th Amendment’s protection against cruel and unusual punishment with regard to the death penalty? What is the primary limitation that the Court has recognized on the application of the death penalty, and does it apply to the Martinez case? Explain your reasoning and justify your opinion with reference to cases involving the 8th Amendment’s protection against cruel and unusual punishment. (10 points)
6. What role has the policy of each president since Nixon in the late 1960s played in helping to create this our system of mass incarceration? What types of policies did (especially Nixon, Reagan, and Clinton) advocate for that created and perpetuated our system of mass incarceration? How have both implicit and explicit bias affect the implementation of the laws signed by these presidents? What has that meant for mass incarceration in the United States? In your opinion is mass incarceration, the “New Jim Crow”? In answering this question cite from the documentary 13 , the New Jim Crow book, the Coates reading, and any other class material that is relevant. (You can use information from your responses to the Race and the Criminal Justice System questions.) (20 points)
ONLY MATERIALS THAT SHOULD BE USED FOR THE PAPER.
https://reggienet.illinoisstate.edu/access/content/group/07a76f3c-092f-4b38-a59d-ca7956917a7a/326%20Final%20Exam%20Explainer.mp4 : EXPLANATION VIDEO
https://reggienet.illinoisstate.edu/access/content/group/07a76f3c-092f-4b38-a59d-ca7956917a7a/Module%208%3A%20The%204th%20Amendment%3A%20The%20Exclusionary%20Rule/4th%20Amendment%20Notes%20Part%202.pdf
https://prezi.com/o0l5tnh-f0f3/the-5th-amendment/?token=92d3452337129726eac2937010c8776b718c380a441f0cfc1d49907253664c69&utm_campaign=share&utm_medium=copy
https://prezi.com/y2nkv1uo6ozw/the-6th-amendment/?token=e7bc9be88f590c71c248255585fdb6c1df3629952a7072fc979e92d950211e1f&utm_campaign=share&utm_medium=copy
https://reggienet.illinoisstate.edu/access/content/group/07a76f3c-092f-4b38-a59d-ca7956917a7a/Module%2011%3A%20The%206th%20Amendment%3A%20Confrontation%20Clause/Confrontation%20Clause%20Notes.pdf
https://prezi.com/bfhioicekadq/the-eighth-amendment/?token=fb53d690fdb668fdbdd3ad152b6cdb212d8640d5e61c41799e7f217541e1c4ad&utm_campaign=share&utm_medium=copy
https://reggienet.illinoisstate.edu/access/content/group/07a76f3c-092f-4b38-a59d-ca7956917a7a/Module%207%3A%20The%204th%20Amendment%3A%20Search%20and%20Seizure%20and%20Exceptions%20to%20the%20Warrant/4th%20Amendment%20Notes%20Part%201.pdf
RUBRIC
QUALITY OF RESPONSE NO RESPONSE POOR / UNSATISFACTORY SATISFACTORY GOOD EXCELLENT Content (worth a maximum of 50% of the total points) Zero points: Student failed to submit the final paper. 20 points out of 50: The essay illustrates poor understanding of the relevant material by failing to address or incorrectly addressing the relevant content; failing to identify or inaccurately explaining/defining key concepts/ideas; ignoring or incorrectly explaining key points/claims and the reasoning behind them; and/or incorrectly or inappropriately using terminology; and elements of the response are lacking. 30 points out of 50: The essay illustrates a rudimentary understanding of the relevant material by mentioning but not full explaining the relevant content; identifying some of the key concepts/ideas though failing to fully or accurately explain many of them; using terminology, though sometimes inaccurately or inappropriately; and/or incorporating some key claims/points but failing to explain the reasoning behind them or doing so inaccurately. Elements of the required response may also be lacking. 40 points out of 50: The essay illustrates solid understanding of the relevant material by correctly addressing most of the relevant content; identifying and explaining most of the key concepts/ideas; using correct terminology; explaining the reasoning behind most of the key points/claims; and/or where necessary or useful, substantiating some points with accurate examples. The answer is complete. 50 points: The essay illustrates exemplary understanding of the relevant material by thoroughly and correctly addressing the relevant content; identifying and explaining all of the key concepts/ideas; using correct terminology explaining the reasoning behind key points/claims and substantiating, as necessary/useful, points with several accurate and illuminating examples. No aspects of the required answer are missing. Use of Sources (worth a maximum of 20% of the total points). Zero points: Student failed to include citations and/or references. Or the student failed to submit a final paper. 5 out 20 points: Sources are seldom cited to support statements and/or format of citations are not recognizable as APA 6th Edition format. There are major errors in the formation of the references and citations. And/or there is a major reliance on highly questionable. The Student fails to provide an adequate synthesis of research collected for the paper. 10 out 20 points: References to scholarly sources are occasionally given; many statements seem unsubstantiated. Frequent errors in APA 6th Edition format, leaving the reader confused about the source of the information. There are significant errors of the formation in the references and citations. And/or there is a significant use of highly questionable sources. 15 out 20 points: Credible Scholarly sources are used effectively support claims and are, for the most part, clear and fairly represented. APA 6th Edition is used with only a few minor errors. There are minor errors in reference and/or citations. And/or there is some use of questionable sources. 20 points: Credible scholarly sources are used to give compelling evidence to support claims and are clearly and fairly represented. APA 6th Edition format is used accurately and consistently. The student uses above the maximum required references in the development of the assignment. Grammar (worth maximum of 20% of total points) Zero points: Student failed to submit the final paper. 5 points out of 20: The paper does not communicate ideas/points clearly due to inappropriate use of terminology and vague language; thoughts and sentences are disjointed or incomprehensible; organization lacking; and/or numerous grammatical, spelling/punctuation errors 10 points out 20: The paper is often unclear and difficult to follow due to some inappropriate terminology and/or vague language; ideas may be fragmented, wandering and/or repetitive; poor organization; and/or some grammatical, spelling, punctuation errors 15 points out of 20: The paper is mostly clear as a result of appropriate use of terminology and minimal vagueness; no tangents and no repetition; fairly good organization; almost perfect grammar, spelling, punctuation, and word usage. 20 points: The paper is clear, concise, and a pleasure to read as a result of appropriate and precise use of terminology; total coherence of thoughts and presentation and logical organization; and the essay is error free. Structure of the Paper (worth 10% of total points) Zero points: Student failed to submit the final paper. 3 points out of 10: Student needs to develop better formatting skills. The paper omits significant structural elements required for and APA 6th edition paper. Formatting of the paper has major flaws. The paper does not conform to APA 6th edition requirements whatsoever. 5 points out of 10: Appearance of final paper demonstrates the student’s limited ability to format the paper. There are significant errors in formatting and/or the total omission of major components of an APA 6th edition paper. They can include the omission of the cover page, abstract, and page numbers. Additionally the page has major formatting issues with spacing or paragraph formation. Font size might not conform to size requirements. The student also significantly writes too large or too short of and paper 7 points out of 10: Research paper presents an above-average use of formatting skills. The paper has slight errors within the paper. This can include small errors or omissions with the cover page, abstract, page number, and headers. There could be also slight formatting issues with the document spacing or the font Additionally the paper might slightly exceed or undershoot the specific number of required written pages for the assignment. 10 points: Student provides a high-caliber, formatted paper. This includes an APA 6th edition cover page, abstract, page number, headers and is double spaced in 12’ Times Roman Font. Additionally, the paper conforms to the specific number of required written pages and neither goes over or under the specified length of the paper. GET THIS PROJECT NOW BY CLICKING ON THIS LINK TO PLACE THE ORDER
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