Why is precedent such an important criteria for the justices when deciding cases? Why
might it not be such a good criteria?
Answer:
*a. varies
What has the Court said about individuals having a fundamental right to die?
The Supreme Court has held that before interrogating suspects who are in custody,
police must warn them of their right to remain silent and the right to have counsel
present during questioning (Miranda v. Arizona – 1966). Unless these warnings have
been made to suspects, the statements that they make cannot be used against them at
trial. However, the Court has substantially refined this requirement so that it applies
only in certain circumstances. Discuss the Court’s interpretation of “custodial
interrogation” and “coercive environments.” What do these terms mean, and what effect
has the Court recognized that these situations have on the admissibility of statements?
As always, discussion of the cases covered will enhance your answer.
According to Sheppard v. Maxwell what must a state do to guarantee an impartial trial?
Why did the Court rule that sex offender registries do not violate the Due Process
Clause?
Why does the Court afford the most protection for speech in public forums? Why do
nonpublic forums garner the least amount of protection?
To what extent has the Court argued that the press has the right to access greater than
that enjoyed by the general public?
Lawrence v. Texas (2003)
Relevant Case Facts:
After receiving a phone call about a possible weapons disturbance, Houston police
officers entered the apartment of Lawrence, where they observed him and another man
engaged in a sexual act. The two men were arrested and convicted of violating a Texas
law making it a crime for two persons of the same sex to engage in sodomy. This law
only applied to participants of the same sex.
Legal Question: Does a law that criminalizes homosexual activity violate the 14th
Amendment equal protection clause and a person’s fundamental liberty in the due
process clause of the 14th Amendment.
What rationale did the majority use to uphold the BCRA in McConnell?
What standard would Breyer use to determine whether voter ID laws are constitutional?
Is his argument compelling? Why or why not?
Why did the framers believe protecting the rights of the accused during the
investigation stage of a crime was so important?
How did the Court respond to the post civil war decisions trying to protect the right to
vote?Give an example of how it helped and hindered such laws.
Why has the Court never fully adhered to the view of total incorporation?
Answer:
*a. varies
According to Sell, under what conditions may the government force a defendant to take
antipsychotic drugs in order to be cognizant to sit for trial?
In Chicago, Burlington & Quincy Railroad v. Chicago how did the Court rule in terms
to incorporating the 5th Amendment taking clause? How does this case square with
Hurtado?
Answer:
*a. varies
Beyond banning prayer in public schools, how did the ruling in Schempp change how
the Court viewed establishment clause cases?