MODULE 1 – ANSWER THE FOLLOWING DISCUSSION QUESTION
After the United States Constitution was ratified by the states in 1789, the first ten amendments to the recently ratified Constitution were passed.
Do the rights established in these ten amendments diminish the rights which are not spelled out specifically in the Bill of Rights? Are other specific rights from later amendments viewed as lesser important or protected rights? Explain.
Are there rights which we possess that are not articulated in the U. S. Constitution? Explain.
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BRIEF THE FOLLOWING CASES:
1. Rochin v. California, 342 U.S. 165 (1952)
2. Oregon v. Hass, 420 U.S. 714 (1975)
— USE WESLAW SOURCES ATTACHED
INSTRUCTIONS
1.Case briefs will follow the following format (mandatory)
2. Title and Citation (e.g. Jones v. Smith, 123 F.3d 456 (11th Cir. 2004)
3. Type of Action (e.g. civil suit for money damages for violation of free speech rights)
4. Facts of the Case (discuss relevant facts; what happened? Why is this in court?)
5. Issue(s) (TIP: Just the issue relevant to this case, as set forth in Syllabus)
6. Decision (How did the court rule? Who won? Do not just say “affirmed”; tell us who won)
7. Reasoning (Why did the court rule?; what were the court’s reasons?)
8. Rule of Law (in a sentence or two, what point do we take from this case?)
2. Length: Not to exceed 2 pages
3. Important Point: Each time you brief a case, remember why the case is selected at this point in the course. Since some cases address multiple issues, focus on the point of law where the case is assigned.
1. Explain the “free and voluntary” requirement of confessions; and the “warning and waiver” requirement
2. Analyze issues of “custody”, “questioning”, “warning”, and “waiver” as applied to the law of interrogations and confessions
3. Compare issues associated with pretrial identification, self-incrimination, and right to counsel