Question and Answer, each answer/part should be at least 200 characters in length. There will be 4 parts. I have included the links to all parts.
First Part
Prior to posting your primary response to this discussion, read Kim’s Fourth Amendment (Links to an external site.) article, Machado’s Fourth Amendment article, the Supreme Court Opinion synopses and watch the Fourth Amendment: Exceptions to the Warrant Requirement (Part I) (Links to an external site.) video. You may want to review the recommended resource, Fourth Amendment Remedies as Rights: The Warrant Requirement article, for a more complete understanding of the Fourth Amendment and remedies for its violation.
Do the police always need a search warrant to conduct a legal (admissible) search according to the Fourth Amendment? Fully explain your answer. List at least three exceptions to the warrant requirement, and give examples of each. Be sure to support your answer with scholarly sources and appellate court opinions. Your initial post should be at least 200 words in length. Support your claims with examples from the required material(s) and/or other scholarly resources, and properly cite any references.
https://lawshelf.com/videos/entry/fourth-amendment-exceptions-to-the-warrant-requirement-part-i/
https://eds-a-ebscohost-com.proxy-library.ashford.edu/eds/detail/detail?vid=0&sid=4e6a6959-6086-4650-8df8-ba3dc5217f03%40sdc-v-sessmgr03&bdata=JnNpdGU9ZWRzLWxpdmUmc2NvcGU9c2l0ZQ%3d%3d#AN=93787634&db=ers
https://www.law.cornell.edu/wex/fourth_amendment
Second Part
Prior to posting your primary response to this discussion, watch the six-minute Due Process of Law – Quick Lessons – Episode # 4 (Links to an external site.) video, the six minute Bill of Rights for Real Life: Criminal Procedure (Links to an external site.) video, read the Due Process (Links to an external site.) article, and The Constitutional Rights of Non-citizens (Links to an external site.) article.
What is due process? Create a definition in your own words; provide specific, constitutional foundations for due process and create your own assessment of its significance in the criminal justice process today. Make sure that your primary response explains the notion of ethics and fairness, as these terms relate to criminal due process. Be sure to support your answer with scholarly sources and appellate court opinions. Your initial post should be at least 200 words in length. Support your claims with examples from the required material(s) and/or other scholarly resources, and properly cite any references.
https://www.law.cornell.edu/wex/due_process
Third Part
Prior to presenting your discussion postings watch the Effective Assistance of Counsel, Constitutional Standard (Links to an external site.) video, read the Effective Assistance of Counsel (Links to an external site.) article, the Criminal Procedure (Links to an external site.) article, the Right to Counsel (Links to an external site.) article and review the Supreme Court Opinions synopses.
What is assistance of counsel?
For example: Two college friends, Richard and Peter are arrested by the Capital City police. They are accused of murder for setting fire to the Capital City University administration building one night and causing the death of a janitor in the fire. Both Richard and Peter were members of a student organization that claimed that the administration of the University was corrupt, and at a rally they carried signs outside the building that read “Burn it to the ground.”
Richard’s father is very rich. He hires a team of the most expensive lawyers in the country, and after an eight-day trial, Richard is acquitted by a jury. Richard’s lawyers sought and received a separate trial for him.
Peter’s parents have no money, and Peter has massive student loans and works two jobs to pay for school. He is represented by a public defender who has 120 other cases. Though the public defender does his best with limited time and resources, Peter is convicted after a three-day jury trial.
Peter is now appealing his conviction, claiming that having a public defender with 120 cases effectively denied his right to counsel.
Was this a violation of Peter’s Sixth Amendment right to counsel? Fully explain your answer. Be sure to support your answer with scholarly sources and appellate court opinions. Your initial post should be at least 200 words in length. Support your claims with examples from the required material(s) and/or other scholarly resources, and properly cite any references.
https://law.justia.com/constitution/us/amendment-06/15-effective-assistance-of-counsel.html
https://www.law.cornell.edu/wex/criminal_procedure
https://www.law.cornell.edu/wex/right_to_counsel
Last Part
Prior to presenting your discussion postings watch the The State of the Death Penalty in the United States video, read the Cruel and Unusual Punishment (Links to an external site.) article, the Death Penalty (Links to an external site.) article, The Death Knell for the Death Penalty: Judge Carney’s Order to Kill Capital Punishment Rings Loud Enough to Reach the Supreme Court article and review the Supreme Court Opinion synopses.
Discuss the current status of the death penalty in the United States.
If your last name begins with N through Z, make sure that your primary response covers the following points:
State whether you support or are against the death penalty and why.
Does the death penalty violate the cruel and unusual punishment clause of the Eighth Amendment?
Is it legal to execute someone who has intellectual disabilities?
Is it legal to execute someone who is mentally ill?
Be sure to support your answer with scholarly sources and appellate court opinions.
Your initial post should be at least 250 words in length. Support your claims with examples from the required material(s) and/or other scholarly resources, and properly cite any references.
https://www.law.cornell.edu/wex/cruel_and_unusual_punishment
https://www.law.cornell.edu/wex/death_penalty
https://eds-b-ebscohost-com.proxy-library.ashford.edu/eds/pdfviewer/pdfviewer?vid=0&sid=02b167ca-caaf-44ed-8f15-0b2833781a9f%40sessionmgr103
