Book that can be use is Samaha, J. Criminal Procedure, 10th, Cengage.
Chapter 1 – U.S. v. Apple
- Exactly what is Apple asking for in its motion?
- List Apple’s arguments to support its motion.
- Some of the best lawyers in the country crafted these powerful arguments on both sides of the balancing ideal. Recall that balancing refers to securing public safety for the whole community while protecting the liberty and privacy of every individual in the community (see p. 6). Assume you’re the judge who has to rule on where to strike the balance. Announce your decision, and write an opinion explaining it.
Chapter 2 – Rochin v. California
- Why did the police actions violate Rochin’s due process?
- Does the police conduct in this case “shock your conscience”? Why or why not?
- Are “shocks the conscience,” offending the “community’s sense of fair play and decency,” “traditions and conscience of our people,” and “those canons of decency and fairness which express the notions of justice of English speaking peoples” purely a matter of personal opinion, or are they objective tests? Explain.
- Summarize how Justice Frankfurter defines and defends the fundamental fairness doctrine.
- Summarize how Justice Black defines and defends the incorporation doctrine.
- Which doctrine is better? Back up your answer with the facts of the case and the arguments of the majority and concurring opinions.
Chapter 5 – Graham v. Connor
- List all the specific uses of force by the officers.
- State the standard that the Court adopted for determining whether the use of force violated the Fourth Amendment.
- How does the Court’s standard differ from the test that the Court of Appeals applied in the case?
- Why did the Court change the standard? Which test do you favor? Explain your answer.
- If you were applying the tests to the facts of this case, what decision would you reach? Defend your answer.
Chapter 6 – Young v. City of Radcliff
- List all the facts and circumstances relevant to interrogating whether law enforcement officers violated Young’s idea of privacy in his home.
- Summarize the court’s interrogating and in applying of the individual privacy/ public safety ideals balance.
- In your opinion, was Stephen Young “innocent”? Defend your answer.