U.S. Supreme Court Decision on Bill of Rights Case

December 8, 2022

U.S. Supreme Court Decision on Bill of Rights Case

Order Number	636738393092
Type of Project	ESSAY
Writer Level	PHD VERIFIED
Format	APA
Academic Sources	10
Page Count	3-12 PAGES

Instructions/Descriptions

U.S. Supreme Court Decision on Bill of Rights Case

[Order Now]

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 (Links to an external site.)

In re Gault (Links to an external site.)

Mapp v. Ohio (Links to an external site.)

Miranda v. Arizona (Links to an external site.)

Terry v. Ohio (Links to an external site.)

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 (Links to an external site.).

Include a separate title page with the following:

Title of paper

Student’s name

Course name and number

Instructor’s name

Date submitted

Use at least three scholarly sources in addition to the course text.

Document all sources in APA style as outlined in the Writing Center.

Include a separate references page that is 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. Retrieved from http://digitalcommons.law.byu.edu/

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 (Links to an external site.), 372 U.S. 335 (1963).

The right to counsel in criminal cases. This case can be retrieved from http://www.oyez.org/cases/1960-1969/1962/1962_155

In re Gault (Links to an external site.), 387 U.S. 1 (1967).

Constitutional rights must be afforded to juveniles. This case can be retrieved from http://www.oyez.org/cases/1960-1969/1966/1966_116

Mapp v. Ohio (Links to an external site.), 367 U.S. 643 (1961).

Evidence obtained in violation of the Fourth Amendment may not be used in a criminal trial. This case can be retrieved from http://www.oyez.org/cases/1960-1969/1960/1960_236

Miranda v. Arizona (Links to an external site.), 384 U.S. 436 (1966).

Fifth Amendment rights must be read to a suspect prior to custodial interrogation. This case can be retrieved from http://www.oyez.org/cases/1960-1969/1965/1965_759

Terry v. Ohio (Links to an external site.), 392 U.S. 1 (1968).

Reasonable suspicion required for officer to conduct “stop and frisk.” This case can be retrieved from http://www.oyez.org/cases/1960-1969/1967/1967_67

Multimedia

PBS. (2004, June 17). The plea (Links to an external site.)[Television series transcript]. Retrieved from http://www.pbs.org/wgbh/pages/frontline/shows/plea/

Examination of plea bargaining in the United States.

Web Pages

Bill of Rights Institute. (n.d). Bill of Rights – Bill of Rights Institute. Retrieved from https://www.billofrightsinstitute.org/founding-documents/bill-of-rights/

This web page provides information on the Bill of Rights.

United States Courts. (n.d.). History (Links to an external site.). Retrieved from http://www.uscourts.gov/FederalCourts/ProbationPretrialServices/History.aspx

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 (Links to an external site.).The Green Bag: An Entertaining Journal of Law, 11(1). Retrieved from http://www.volokh.com/files/howtoreadv2.pdf

This article explains the essential elements of reading a published, criminal case.

Web Pages

Cornell University Law School. (n.d.). Bill of rights (Links to an external site.). Retrieved from http://www.law.cornell.edu/constitution/billofrights

Provides a synopsis of each amendment to the U.S. Constitution.

Cornell University Law School. (n.d.). Criminal procedure (Links to an external site.). Retrieved from http://www.law.cornell.edu/wex/criminal_procedure

Defines criminal procedure and provides helpful links to other, relevant sources.

Cornell University Law School. (n.d.). Substantive due process (Links to an external site.). Retrieved from http://www.law.cornell.edu/wex/substantive_due_process

Provides a comprehensive definition of substantive due process in criminal law.

U.S. Supreme Court Decision on Bill of Rights Case

RUBRIC

Excellent Quality

95-100%

Introduction

45-41 points

The context and relevance of the issue, as well as a clear description of the study aim, are presented. The history of searches is discussed.

Literature Support

91-84 points

The context and relevance of the issue, as well as a clear description of the study aim, are presented. The history of searches is discussed.

Methodology

58-53 points

With titles for each slide as well as bulleted sections to group relevant information as required, the content is well-organized. Excellent use of typeface, color, images, effects, and so on to improve readability and presenting content. The minimum length criterion of 10 slides/pages is reached.

Average Score

50-85%

40-38 points

More depth/information is required for the context and importance, otherwise the study detail will be unclear. There is no search history information supplied.

83-76 points

There is a review of important theoretical literature, however there is limited integration of research into problem-related ideas. The review is just partly focused and arranged. There is research that both supports and opposes. A summary of the material given is provided. The conclusion may or may not include a biblical integration.

52-49 points

The content is somewhat ordered, but there is no discernible organization. The use of typeface, color, graphics, effects, and so on may sometimes distract from the presenting substance. It is possible that the length criteria will not be reached.

Poor Quality

0-45%

37-1 points

The context and/or importance are lacking. There is no search history information supplied.

75-1 points

There has been an examination of relevant theoretical literature, but still no research concerning problem-related concepts has been synthesized. The review is just somewhat focused and organized. The provided overview of content does not include any supporting or opposing research. The conclusion has no scriptural references.

48-1 points

There is no logical or apparent organizational structure. There is no discernible logical sequence. The use of typeface, color, graphics, effects, and so on often detracts from the presenting substance. It is possible that the length criteria will not be reached.