Assignment:
U.S. Supreme Court Bill of Rights Case
For this assignment, you will analyze one U.S. Supreme Court criminal case decision dealing with a Bill of Rights issue. You must include the facts of the case (i.e., what happened), the holding of the court (i.e., what the court decided), and the reasoning for that decision. Additionally, explain how the constitutional right is practically applied to protect the individual and/or society as a whole. Provide your personal opinion on the relative strength and/or weakness of this constitutional issue moving forward in the 21st century. Select one of the following five options:
Gideon v. Wainwright
In re Gault
Mapp v. Ohio
Miranda v. Arizona
Terry v. Ohio
You may examine a different case, but you must obtain instructor approval by Day 3 (Thursday) of Week 2.
Your paper must
Be three to five double-spaced pages in length (not including title and references pages) and formatted according to APA style as outlined in the Writing Center.
Article
Bentley, C. (2007). Constrained by the liberal tradition: Why the Supreme Court has not found positive rights in the American Constitution. Brigham Young University Law Review, 6, 1721-1765.
The full-text version of this article is available in the EBSCOhost database in the University of Arizona Global Campus Library. This article explains the concept of "strict construction" of the U.S. Constitution. The rights which protect citizens today must be found in the Constitution or they do not exist.
Legal Materials
Gideon v. Wainwright
The right to counsel in criminal cases.
In re Gault
Constitutional rights must be afforded to juveniles.
Evidence obtained in violation of the Fourth Amendment may not be used in a criminal trial.
Miranda v. Arizona
Fifth Amendment rights must be read to a suspect prior to custodial interrogation.
Terry v. Ohio
Reasonable suspicion required for officer to conduct "stop and frisk."
Multimedia
PBS. (2004, June 17). The plea
Examination of plea bargaining in the United States.
Web Pages
Bill of Rights Institute. (n.d). Bill of Rights - Bill of Rights Institute.
This web page provides information on the Bill of Rights.
United States Courts. (n.d.). History
This web page provides a salient overview to the history of probation and post-incarceration release supervision in the United States.
Text
Spohn, C., & Hemmens, C. (2012). Courts: A text/reader (2nd ed.). Sage.
Section III: Prosecutors and Defense Attorneys
Section VI: Plea Bargaining and Trial Dynamics
Article
Kerr, O. S. (2007). How to read a legal opinion: A guide for new law students. The Green Bag: An Entertaining Journal of Law, 11(1).
This article explains the essential elements of reading a published, criminal case.
Web Pages
Cornell University Law School. (n.d.). Bill of rights
Provides a synopsis of each amendment to the U.S. Constitution.
Cornell University Law School. (n.d.). Criminal procedure
Defines criminal procedure and provides helpful links to other, relevant sources.
Cornell University Law School. (n.d.).
Provides a comprehensive definition of substantive due process in criminal law.