Exclusionary Rule

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Exclusionary Rule

Paper instructions:
QUESTION 1
Explain in detail the Exclusionary Rule. Briefly summarize the holding in Mapp v. Ohio.  Create your own fact pattern to illustrate how the Exclusionary Rule is applied by the Courts.

Please remember to list your references in Bluebook format.

Note that your essay answer should contain a minimum of 350 words

QUESTION 2
Explain in detail the Right Against Self-Incrimination found in the 5th Amendment.

Briefly summarize the holding in Miranda v. Arizona.

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Create your own fact pattern to illustrate how and when law enforcement agents must give the Miranda warnings.

Please remember to list your references in Bluebook format. Note that your essay answer should contain a minimum of 350 words

QUESTION 3
Does the 6th Amendment, right to a jury trial, mandate that a jury must have 12 members?

Explain the history of the Court’s interpretation of jury size?

In what historical case did the Court state, “a jury comprised of 12 persons, neither more or less.” What was the Court’s reasoning for making this statement?

Explain the Supreme Court’s interpretation of jury size in their 1979 case.

Please remember to list your references in Bluebook format.

Note that your essay answer should contain a minimum of 350 words

QUESTION 4
What should be the test for determining when prison conditions constitute cruel and unusual punishments?

Is a “deliberate indifference” standard appropriate? In what case does the Court first discuss this standard?

Is it unconstitutional to confine an inmate to a four-by-six foot cell?
Why or why not?

To double-cell an inmate with a chain smoker?  Why or why not?

To keep cells at 55 degrees? Why or why not?

Please remember to list your references in Bluebook format.

Note that your essay answer should contain a minimum of 350 words.

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