Chapter 7 – State v. Ellis

Chapter 7 – State v. Ellis
1.List all the actions taken by the resident assistants and the Central State Police Department officers that invaded Ellis’s Fourth Amendment right of privacy in his dorm room.
2.Explain why the court’s interrogation of resident assistants’ actions was consistent with reasonable Fourth Amendment searches but the police officers’ actions were unreasonable. Do you agree? Defend your answer.
3.Interrogate Ellis’s Fourth Amendment privacy ideal from his standpoint. Back up your answer.
4.As they relate to the special needs/privacy ideal, should it matter whether the resident assistants, campus police, or city police conducted the search? Defend your answer.

Chapter 8 – Miranda v. Arizona
1.According to SCOTUS, what do the words “custody” and “interrogation” mean?
2.Why is custodial interrogation “inherently coercive,” according to the majority?
3.Identify and explain the criteria for waiving the right against self-incrimination in custodial interrogation.
4.On what grounds do the dissenters disagree with the majority’s decision? What interests are in conflict, according to the Court?
5.How do the majority and the dissent explain the balance of interests established by the Constitution?
6.Which is more consistent with the relevant criminal procedures ideals regarding the law of police interrogation, the majority’s bright-line rule, requiring warnings, or the dissent’s due process test, weighing the totality of circumstances on a case-by-case basis? Defend your answer.

Chapter 9 – Perry v. New Hampshire
1.Was the show-up accidental? Explain your answer.
2.Summarize the majority opinions arguments supporting its decision that the Manson two-prong test does not apply to the show-up.
3.Summarize Justice Sotomayor’s arguments that the Manson test should apply.
4.In your opinion should the Manson two-prong test apply to the show-up? Back up your answer with arguments from the facts and SCOTUS opinion(s).
5.How does SCOTUS address the innocence and evidence-based decision-making ideals? Explain your answer.

Chapter 10 – Hudson v. Michigan
1.List the relevant facts regarding the police entry into Booker T. Hudson home.
2.Summarize the majority’s reasons for creating the “knock-and-announce” exception.
3.Summarize the dissent’s reasons for opposing the “knock-and-announce” exception.
4.Summarize Justice Kennedy’s concurring opinion. What is the significance of his opinion? Explain.
5.In your opinion, who has the better argument? Defend your answer.

Chapter 11 – Dwares v. City of New York
1.List all the facts relevant to deciding whether NYPD officers allowed Kreitman to beat Steven Dwares.
2.Summarize the Court’s arguments applying the state-created-danger rule to the facts of this case.
3.Do you believe it should be the federal courts’ “business” to decide when police officers are liable when private people beat up other individuals? If you do, who should make these decisions? State courts? Legislatures? Special panels of experts? Explain your answer.

Chapter 12 – Town of Castle Rock v. Gonzalez
1.Summarize the majority opinion’s arguments supporting its conclusion that Gonzalez has no constitutional right to have the Castle Rock police enforce the restraining order against her husband.
2.Summarize the dissent’s arguments supporting its conclusion that Gonzalez does have a constitutional right to have the Castle Rock police enforce the restraining order against her husband.
3.Do you think the Colorado “mandatory” enforcement statute intended to take away the Castle Rock Police Department’s discretion in enforcing the restraining order? Defend your answer.
4.How important is it that Colorado was one of a number of states enacting mandatory enforcement of restraining orders in domestic abuse cases because of the widespread nonenforcement of restraining orders in domestic violence cases?

Chapter 13 – North Carolina v. Alford
1.Did Henry Alford knowingly and voluntarily plead guilty?
2.Consider the dissent’s comment that Henry Alford was “so gripped by fear of the death penalty” that his decision was “the product of duress.” Should defendants ever be allowed to plead guilty if they believe they’re innocent? Why or why not? Back up your answer with arguments from the majority and dissenting opinions.
3.Do Alford pleas promote the accuracy and sorting criminal procedure.

Chapter 14 – Lockyer, Attorney General of California v. Andrade
1.How does the majority know that the three-strikes law isn’t cruel and unusual?
2.How does the dissent know that it is cruel and unusual?
3.Are their opinions purely subjective, or are they based on some standards? If so,what are the standards?
4.Should the California legislature or the U.S. Supreme Court decide whether punishments are cruel and unusual? Explain your answer.
5.Do you believe 25 years to life is “grossly disproportionate” to Leandro Andrade’s crime? How do you know whether it is or isn’t?

Chapter 15 – U.S. v. M. Farah and Others
1.List all the facts and circumstances relevant to prove there was probable cause to issue the search and arrest warrants.
2.In your opinion, do you believe there was probable cause to deny bail to each of the defendants? Back up your answer with details from the affidavit and from the relevant text in Chapter 12.
3.Do the defendants have a reasonable expectation of privacy in their tweets, texts, and emails? Back up your answer with details from relevant sections of Chapter 1, and sections in this chapter.
4.In your opinion, should it matter where each of the defendants was born? Defend your answer.

PLEASE NUMBER EACH ANSWER ASSOCIATED WITH THE CHAPTER. ALSO PLEASE JUST USE FOUR PAGES THAT I’VE ORDERED. THE BOOK THAT’S ASSOCIATED WITH THESE CHAPTERS IS Samaha, J. Criminal Procedure, 10th, Cengage.