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It is argued that the exclusionary rule was invoked by the Supreme Court because there was no other effective remedy to deter police misconduct

Published on June 2018 | Categories: School Work | Downloads: 24 | Comments: 0
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QUESTION 1: It is argued that the exclusionary rule was invoked by the Supreme Court because there was no other effective remedy to deter police misconduct. Does this still apply in today's legal environment? QUESTION 2: Is the Fourteenth Amendment equal to or the same as the original Bill of Rights? Is it less than the Bill of Rights? Can it even be more than the Bill of Rights? What suggested answers to these questions do you find in the three opinions filed in Duncan v. Louisiana (1968) by Justice White (for the majority), Justice Black (concurring), and Justice Harlan (II) (dissenting)? QUESTION 3: What constitutional issue confronted the Court in Dennis v. United States (1951)? How was the case decided? Explain. What does Justice Frankfurter's concurring opinion in the case reveal about his view of the proper role of the Supreme Court in the resolution of conflicts between governmental power and individual rights? Explain. QUESTION 4: Consider Justice Black's dissent in Griswold v. Connecticut. Is it consistent with his views in Adamson v. California (see Chapter 9)? Katz v. United States (see Chapter 10)? Discuss. QUESTION 5: What important impact (by way of expansion) did Shapiro v. Thompson (1969) have on the Supreme Court's interpretation of the equal protection clause? Explain. QUESTION 6: Both Justice Brennan's plurality opinion in Frontiero v. Richardson and his majority opinion in Craig v. Boren illustrate different possible ways to respond to allegations of unconstitutional gender discrimination. Analyze and explain them.

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QUESTION 1: It is argued that the exclusionary rule was invoked by the Supreme Court because there was no other effective remedy to deter police misconduct. Does this still apply in today's legal environment? QUESTION 2: Is the Fourteenth Amendment equal to or the same as the original Bill of Rights? Is it less than the Bill of Rights? Can it even be more than the Bill of Rights? What suggested answers to these questions do you find in the three opinions filed in Duncan v. Louisiana (1968) by Justice White (for the majority), Justice Black (concurring), and Justice Harlan (II) (dissenting)? QUESTION 3: What constitutional issue confronted the Court in Dennis v. United States (1951)? How was the case decided? Explain. What does Justice Frankfurter's concurring opinion in the case reveal about his view of the proper role of the Supreme Court in the resolution of conflicts between governmental power and individual rights? Explain. QUESTION 4: Consider Justice Black's dissent in Griswold v. Connecticut. Is it consistent with his views in Adamson v. California (see Chapter 9)? Katz v. United States (see Chapter 10)? Discuss. QUESTION 5: What important impact (by way of expansion) did Shapiro v. Thompson (1969) have on the Supreme Court's interpretation of the equal protection clause? Explain. QUESTION 6: Both Justice Brennan's plurality opinion in Frontiero v. Richardson and his majority opinion in Craig v. Boren illustrate different possible ways to respond to allegations of unconstitutional gender discrimination. Analyze and explain them.

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