Part I
Using sources, explain how the constitutional interpretation of the First Amendment has evolved over the years. What do you personally foresee as potential future issues with this amendment? Explain.
Part II
Using sources, explain how the constitutional interpretation of the Fourth Amendment has evolved over the years. What do you personally foresee as potential future issues with this amendment? Explain
Part III
Read the following set of facts and then using the IRAC method lay out your constitutional analysis and your conclusion. (Do not repeat the facts....just go through the IRAC) Consider what rights the defendant can complain have been violated. Do not assume that only one amendment is triggered in this case, there may be more than one. Be sure to offer your conclusion on the matter.
Scenario:
You are a newly appointed U.S. Supreme Court Justice. Your law clerk has brought a case to your attention that he feels you may want to vote for in order to grant a writ of certiorari. As you read the facts, you brief the case so that you can come back to review it later prior to the time to vote.
Facts:
Defendant male, Smith, was convicted of aggravated rape of a child in State X and sentenced to death. The female child victim, A.B., age 9, was held hostage for two months by defendant and sexually assaulted repeatedly. She testified via closed circuit television about daily assaults, that defendant used weapons, and sodomized her. Evidence was introduced at trial that she was forced to bathe in bleach and other chemical substances. Defense counsel failed to object to the introduction of this evidence. During sentencing, there was testimony that A.B. suffered from obsessive-compulsive disorder and was known to use harsh cleaning solutions. This information was not available to the defense during guilt/innocence.