As an Associate Justice of the U.S. Supreme Court, prepare a 4–5 page opinion for the Court based on the following facts: James Smith was arrested for burglarizing his next door neighbor’s apartment in the state of California. And without the benefit of a warrant, the neighbor, who is a friend of Mr. Smith, forced open the front door to Mr. Smith’s apartment and saw his property. The neighbor called the police, and they immediately arrested Mr. Smith for burglary and possession of stolen property out of fear that he would get rid of the property before they returned with a search warrant. Mr. Smith’s conviction in the state and federal courts were upheld, and it is now before the U.S. Supreme Court. Prepare the Court’s response to this constitutional challenge that Mr. Smith was denied equal protection under the law.
- Identify specific examples in the language of prior decisions.
- Examine some of the arguments used by the framers of the Constitution while debating the language of the document.
- Include any philosophical underpinning that might influence the court’s ruling.
- Include any social force(s) that could be useful to guide the decision.
- Outline major philosophical arguments of the U.S. Supreme Court in such cases as Weeks v. United States (http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=232&invol=383) and Mapp v. Ohio (http://supreme.justia.com/us/367/643/case.html).
- Use specific references to support your position from the U.S. Constitution.
Please note that the U.S. Bill of Rights brings a philosophical perspective that should not be lost and has helped to shape constitutional law in the United States.
Prepare a 4–6 paragraph response to the following questions:
- What role does the concept of exclusionary rule play in our criminal justice system?
- To what extent might one argue that the exclusionary rule has gone too far in protecting civil liberties at the expense of fighting crime?