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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.
2) Explain in detail the Right Against Self-Incrimination found in the 5th Amendment.
Briefly summarize the holding in Miranda v. Arizona.
Create your own fact pattern to illustrate how and when law enforcement agents must give the Miranda warnings.
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.
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?
6) A city Housing Authority operates city owned rental property. The Housing Authority issued the following regulation:”‘Family‘ means a number of individuals related to the nominal head of the household or to the spouse of the nominal head of the household living as a single housekeeping unit in a single dwelling unit, but limited to the following: (a) Husband or wife of the nominal head of the household. (b) Unmarried children of the nominal head of the household or of the spouse of the nominal head of the household, provided, however, that such unmarried children have no children residing with them. (c) Father or mother of the nominal head of the household or of the spouse of the nominal head of the household. (d) Notwithstanding the provisions of subsection (b) hereof, a family may include not more than one dependent married or unmarried child of the nominal head of the household or of the spouse of the nominal head of the household and the spouse and dependent children of such dependent child. For the purpose of this subsection, a dependent person is one who has more than fifty percent of his total support furnished for him by the nominal head of the household and the spouse of the nominal head of the household. (e) A family may consist of one individual.” Mary Jones lives in the city together with her son, Dale Jones, Sr., and her two grandsons, Dale Jr. and John Jones, Jr. The two boys are first cousins rather than brothers. Mary Jones received a notice of violation from the Housing Authority, stating that John was an “illegal occupant” and directing her to comply with the ordinance. When she failed to remove him from her home, the city filed a criminal charge. What defense can Mrs. Jones raise to the charge? Explain your answer.
7) What are federal magistrate judges? Give some examples of what kinds of cases they might hear and how they are different from state court judges.
8) State two powers over agency regulations possessed by some governors but not by the president.
9) What are executive orders, and why are they important to the president’s power over administrative agencies?