Problem
Part 1
I. (i) What is evidence law? (ii) What do the "rules of evidence" do?
II. (i) What is the purpose of evidence law? (ii) Define its two main components.
III. Why is the Fourth Amendment to the U.S. Constitution particularly important to evidence law?
IV. What other Amendments are highly important to evidence law, and why? (Name at least two).
V. (i) Why is the concept of "incorporation of the Bill of Rights" important? (ii) How is the 14th Amendment involved, and why is the "due process clause" important in that regard?
Part 2
I. Do you think the jury should always sentence the defendant in a criminal case if they return a guilty verdict, or should it be the judge as happens in most cases? Why or why not? (Assume that the jury would have access to a pre-sentence investigation and sentencing recommendation).
II. Would the evidence have a greater impact on the sentence with a judge or a jury? Why? Would the type of case make a difference? Why do you think so?