Essay Instructions: The paper must have at least four books as sources - none of which can be internet sources. The paper is to be the history of search and seizure and the interpretation of the law by the U.S. Supreme Court.
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Essay Instructions: in comparing and contrasting current case laws one must use actual cases. find cases concerning search and seizure, establish a basis for what you consider to be the prevailing view point on the issue, then find cases which contain a different view point. compare key elements of both view points.
needs to be in turabian style, general paper outline, margins 1" on both sides and 1 1/2" from top and bottom, title page, 12" arial font, triple space between paragraphs, double space within paragraphs, endnotes or footnotes, must use full citation option. references are your cases.
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Essay Instructions: Complete and submit the following Discussion Questions. They will include a series of content, integration, and synthesis related to the reading assignments. Questions will cover the content of the material and will require the learner to think critically and contextually about the subject matter. Your responses must be complete, using terminology and concepts presented in the primary textbook, as well as, supplementary resources. Write in complete sentences and use good grammar, double-spacing, 12 point font, with one inch margins. Be sure to cite your resources and provide the references using APA format. Remember to reference all work cited or quoted by the text authors. You should be doing this often in your responses.
CRIME CONTROL / Procedures
1) What does it mean to say that judge-made laws leave plenty of “play in the joints?”
2) Describe the two elements of balancing ends and means in criminal procedure. Give an example of each.
3) Identify and describe two emergencies that have tested the balance between community security and individual autonomy.
4) Describe the differences between constitutions and laws. Identify six characteristics of constitutionalism.
5) Identify and describe two limits imposed on the U. S. Supreme Court’s powers. Explain the differences between the fundamental fairness doctrine the incorporation doctrine.
6) State the elements of the trespass and privacy doctrines. Compare the privacy doctrine in theory and in practice.
STOP AND FRISK / Seizures of Persons
1) Trace the history behind the modern power of police to stop and question suspicious persons.
2) What’s the ratio of stops to arrests? Identify four facts about the realities of stop and frisk.
3) Identify three possible interpretations of the Fourth Amendment and which interpretation the U.S. Supreme Court has settled on.
4) Identify three kinds of police-individual encounters.
5) Compare and contrast Fourth Amendment stops with full custodial arrests.
6) List the negative consequences of arrests. Identify the characteristics of a full custodial arrest.
7) Identify and define the two kinds of information officers can rely on to satisfy the probable cause to arrest requirement.
SEARCHES OF EVIDENCE
1) Describe U.S. Supreme Court Justice Jackson’s experience in dealing with search and seizure laws. What does he mean by “second class rights?”
2) List three reasons why searches incident to arrest are reasonable.
3) Summarize the main empirical research findings regarding consent searches.
4) Identify three emergency searches, and tell why the U.S. Supreme Court finds them reasonable searches without warrants.
5) Identify four characteristics that all special-needs searches have in common. Identify the two elements that have to be satisfied for an inventory search to be reasonable.
6) Identify the balance in custody-related searches for prisoners, probationers, and parolees.
1) Describe the ambivalence surrounding confessions in social and legal history.
2) List four findings of Richard Leo’s research on police interrogation, plus, describe what his findings are based on.
3) What is the basic idea behind the due process approach to confessions?
4) Can physical evidence serve as a witness against a suspect? Please explain your answer.
5) Why is identification of strangers risky in criminal cases?
6) Identify and describe three ways to reduce the inaccuracy of eyewitness identification by police procedures and legal rules.
7) Describe and give an example of how the power of suggestion works in administering lineups.
1) Identify two types of remedies against government wrong-doing and the differences between them, plus, give examples of each.
2) List and explain five exceptions to the exclusionary rule.
3) State the narrow scope of the reasonable good-faith exception to the exclusionary rule.
4) Identify the two elements of the qualified immunity defense, plus, explain why the test is so easy for officers to pass.
5) Identify and describe the differences between two kinds of state civil lawsuits against individual state officers.
6) Identify the elements in the balancing test used to decide whether to grant the defense of vicarious official immunity.
COURT PROCEEDINGS / Pretrial, Trial, Convictions
1) Describe what occurs following arrest, interrogation, and identification procedures.
2) Describe the balance struck in the decision to bail or detain defendants.
3) List four guidelines for defining indigence developed by the U.S. Courts of Appeals, and summarize the detailed definition of indigence adopted in Minnesota.
4) Identify the four possible pleas defendants can enter at their arraignment.
5) Contrast conviction by trial with conviction by guilty plea.
6) Explain the difference between peremptory challenges and challenges for cause.
7) Explain the difference between straight and negotiated guilty pleas.
AFTER CONVICTION / Criminal Procedure
1) Why is the change of status from defendant to offender more than “just a change of words?”
2) Compare and contrast sentencing guidelines with mandatory minimum sentences.
3) Identify the two main targets of current mandatory minimum sentences.
4) Identify and describe two limits on government’s emergency powers. Summarize the history of criminal procedures in wartime.
5) Identify three types of personal information not protected from electronic surveillance by the Fourth Amendment.
6) List and describe the three conditions under which the Patriot Act authorizes judges to issue sneak-and-peek warrants.
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Essay Instructions: I'd like a custom paper on the Fourth Amendment-search and seizure. I'd like it to contain various search and seizure rules and scenarios as well as warrant requirements, search incident to arrest, vehicle searches (including container searches), and case law supporting these rules. The paper can't have more than 30% of the author's work (70% originality), Wikipedia cannot be used as a reference. Must use at least 7 sources.
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