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Papers On Supreme Court & Constitutional Law
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Crime Scene Law
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A 6 page research paper that, first of all, presents a scenario from the assignment and then discusses whether or not the police investigation described in the scenario was properly conducted. Citing several Supreme Court cases, the writer argues that the police officers should have obtained a search warrant before searching a suspect's room. Bibliography lists 6 sources.
Filename: khcsilaw.rtf
Criminal Law and Procedure 4
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A 4 page paper answering two discussion questions. The first addresses police right to arrest an individual based on where he is, the time of day and his general appearance. The second considers the legal definitions of entrapment, including subjective and objective tests established by the Supreme Court. Bibliography lists 3 sources.
Filename: KScrimLawProc4.rtf
Criminal Law and Procedure 5
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A 9 page paper answering two discussion questions addressing Fourth Amendment procedural issues and providing a 5-page position paper on whether the exclusionary rule should be changed. The paper concludes that the rule does need to be altered to be made more workable, but that present there is not a viable alternative that has been proposed between 2000 and 2005. Bibliography lists 11 sources.
Filename: KScrimLawProc5.rtf
Criminal Law and Procedure 6
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An 8 page paper addressing two discussion questions and providing three case briefs. One question discusses options available to a member of the local bar who has been required to serve as a public defender in an appeal case. The other examines factors that could influence a juror to vote for life in prison or for the death penalty. Briefs are for Bell v. Cone, 535 U.S. 685; 122 S.Ct. 1843 (2002);Kelly v. South Carolina, 534 U.S. 246; 122 S.Ct. 726 (2002); and United States v. Bass, 536 U.S. 862; 122 S.Ct. 2389 (2002), all of which address death penalty issues. Bibliography lists 10 sources.
Filename: KScrimLawProc6.rtf
Critique Of 'The Case for H.R. 1534: Equal Access to the Courts'
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A 5 page paper discussing the implications of the Private Property Rights Implementation Act of 1997, which gave property owners claiming violation of their constitutional rights regarding the use of their land equal access to federal district court already enjoyed by anyone else making a similar claim for any reason but land use. Before the rule, it could take years for a property owner to be allowed access to federal court by state courts—one elderly lady spent six years and untold legal fees before 'winning' a Supreme Court case allowing her case to be heard in a federal district court.
Filename: Eqlacc.wps
Cruel and Unusual Punishment
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This 6 page paper establishes a definition of "cruel and unusual punishment" as punishment that is disproportionate to the crime; that involves physical suffering that could otherwise be alleviated; and that deprives the victim of his right to life, which is guaranteed under the Constitution. Bibliography lists 5 sources.
Filename: HVCruUnu.rtf
Current Issues in Commercial Speech and How the Supreme Court is Deciding These Issues
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A 15 page paper discussing various settings in which commercial free speech has been challenged in recent cases and focusing on the influence that the Central Hudson test has had on all of them. Justice Stevens attempted to effect a change in determining whether First Amendment protection is warranted in specific cases in the 44 Liquormart case and again in the Greater New Orleans Broadcasting case. Cases now in lower courts combined with the results of these and other cases indicate that changes in determination of First Amendment protection may well be on the horizon. Bibliography lists 9 sources in 38 footnotes.
Filename: KScommSpeech.rtf
Current Trends in Criminal Law
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A 5 page research paper that examines current trends in criminal law, specifically, the three most significant issues in the opinion of this writer/tutor that have emerged over the last several decades. These are: 1) the threat of international terrorists targeting the US and the ramifications of this threat; 2) the prevalence of high tech crime and the problems that this posses; and 3) the tendency of criminal justice system to increasingly treat juvenile offenders as adults. Bibliography lists 4 sources.
Filename: khtclaw.rtf
Cuyahoga Falls v Buckeye Community Hope Foundation
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This 5 page paper evaluates this disparate impact case. The concept of disparate impact is defined. The facts of the case are relayed and its implications discussed. Bibliography lists 6 sources.
Filename: SA521CF.rtf
Death Penalty: Overview
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A 4 page paper which provides a general overview, along with the pros and cons, of the death penalty. Bibliography lists 3 sources.
Filename: RAdthoo.rtf
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