Essay on the Supreme Court’s Opinion
Order ID 53563633773 Type Essay Writer Level Masters Style APA Sources/References 4 Perfect Number of Pages to Order 5-10 Pages
Essay on the Supreme Court’s Opinion
Opinion of the Supreme Court [WLO: 3] [CLOs: 1, 2, 3, 4, 5, 6, 7, 8, 9]
Read the article Excessive Bail (Links to an external site.) and reread all previous weeks’ materials on the 4th Amendment, due process, the right to remain silent, the right to counsel, cruel and unusual punishment, and capital punishment before beginning your written project.
The Capital City Police have been watching gang activity between two local gangs, the Drips and the Scruds, in the state of Denial. The Scruds are enraged with the Drips because they believe they have intruded on their domain and are selling narcotics in their neighborhood. Gang members use the initial letter of their gang’s affiliation as their “gang name.” The leader of the Drips, for example, is known as Dripster, while the Scrips’ leader is known as Stupido. Officers Do-Right and Justice were assigned to the case and have been closely monitoring members of both gangs for several weeks.
Dripster (the Drips’ leader) has been seen driving a black Chevrolet Blazer that belongs to his girlfriend. The vehicle has a tracking device installed so that Do-Right and Justice can follow the gang leader at a safe distance without him spotting them. They followed him to a party organized at the home of the girlfriend of a fellow Drip, Dufus, using the tracking device.
The policemen decide to employ the Bloodhound, a new technology received from the police department that can detect particular odours from a distance. The officers employed the Bloodhound to discover the following drugs inside the house: marijuana, creatine (which is typically used to cut cocaine), and lye (which can be used in making methamphetamine). They contact a court and secure a search warrant for Dufus’ house based on the information gathered from the Bloodhound.
Officers Do-Right and Justice lead the way to the residence after backup arrives, where they bust through the front door without knocking or announcing their presence. They discover Dripster inside the residence, sitting at the kitchen table in front of a scale and a white powdery substance that is subsequently proved to be cocaine. They also discover Dufus in a rear room, surrounded by boxes of devices and a quantity of cash valued at $50,000. Dummy and Duncecap, two low-level Drips equipped with automatic assault weapons and loaded handguns, accompany Dufus.
Duncecap instantly throws up his hands and tells the cops, “I’ll tell you all I know!” when the officers rush into the room where Dufus, Dummy, and Duncecap are. Just don’t detain me! If either of you says a word, you are dead meat, Dufus declares to his companions. Duncecap abruptly stops speaking and declares that he “knows nothing about anything.”
A carload of Scruds drives by slowly as Do-Right escorts Dripster to his cruiser after arresting him. I told you to keep your business off our turf! Stupido, the Scruds’ leader, cries out of his window to Dripster. Dripster takes Do-gun Right’s and fires at Stupido’s car, believing Stupido is the reason the cops invaded the house. Dripster misses Stupido and his car, but he shoots and injures Innocent, a 12-year-old girl who is standing in her front yard across the street watching the arrests. Innocent makes it out alive, but he is paralyzed. When Stupido realizes Dripster is shooting at him, he takes his own pistol from the car and fires at his arch-enemy, but misses.
Dripster, Dufus, Dummy, and Duncecap have all been safely transported to the police station, and Stupido has been detained. At the scene, they examine Stupido’s car and discover the gun he used to shoot Dripster. The gun had previously been used in an armed robbery of a party store, according to ballistics. The robbery has been charged against Stupido.
Officer Justice, who is questioning Dummy without first reading Miranda warnings, tells him that if he tells him what he knows about the Drips and Scruds feud and agrees to testify against members of both gangs, the police will merely charge him with possession of marijuana, a misdemeanor. Dummy accepts the offer.
At the police station, Stupido was quizzed about the armed robbery and told that an eyewitness had identified him as the perpetrator. He requested his lawyer three times, but his lawyer was twice denied admission to the questioning because he arrived at the police station when Stupido was being interrogated. Stupido confesses to the armed robbery after three hours of interrogation.
Dripster is found guilty of Innocent’s attempted murder and sentenced to death. He was also found guilty of possessing marijuana, cocaine, and methamphetamine with the purpose to sell them. He was also found guilty of having stolen items (the gadgets) and having unregistered guns. Stupido was found guilty of armed robbery and attempted murder of Dripster. Dufus and Duncecap were also found guilty of selling marijuana, cocaine, and methamphetamine, as well as possessing stolen property (the gadgets) and unregistered guns. Dummy is found guilty of marijuana possession as a misdemeanor.
People v. Dripster, Dummy & Stupido, et al. is the name given to all of the cases. The Supreme Court of the United States has been asked to rule on the following issues. This matter has come before the Court, and you are an Associate Justice of the United States Supreme Court. You’ve been tasked by the Chief Justice with writing a majority opinion in the case. In your paper, you state:
Write an opinion (an analysis of the questions below that will serve as the Supreme Court’s rationale and ruling) that resolves the case using precedent from the US Supreme Court, other federal and state courts, and other scholarly sources.
Give your thoughts on each of the following topics:
Examine whether all of the evidence from the residence should have been suppressed as toxic fruit since the installation of a monitoring device on Dripster’s Blazer without a warrant or probable cause violated the Fourth Amendment.
Examine whether the deployment of the Bloodhound device without a warrant and without probable cause violates the Fourth Amendment and should have resulted in the suppression of all evidence from the premises.
Determine whether all evidence from the house should have been suppressed since the magistrate’s warrant was based on illegally obtained information.
Determine whether all evidence from the house should have been withheld because the cops didn’t knock and announce their presence; the warrant wasn’t a no-knock warrant.
Determine if Stupido’s gun should have been suppressed because the authorities had no legal authority to search his car at the time.
Consider whether Dummy’s marijuana possession conviction should be reversed since he was not given Miranda warnings before agreeing to a plea deal.
Considers whether Stupido’s confession should have been suppressed due to his lawyer’s refusal to visit him.
Explain why Dripster’s death sentence for shooting and paralyzing Innocent is unconstitutional under the Eighth Amendment.
Final Paper of the Supreme Court Opinion
Must be between 1,500 and 2,000 words in length (excluding title and references pages) and formatted in accordance with the Ashford Writing Center’s APA Style Guide (Links to an external site.)
A separate title page must be included with the following information:
Name of the student
Name and number of the course
Name of the instructor
Date of submission
QUALITY OF RESPONSE NO RESPONSE POOR / UNSATISFACTORY SATISFACTORY GOOD EXCELLENT Content (worth a maximum of 50% of the total points) Zero points: Student failed to submit the final paper. 20 points out of 50: The essay illustrates poor understanding of the relevant material by failing to address or incorrectly addressing the relevant content; failing to identify or inaccurately explaining/defining key concepts/ideas; ignoring or incorrectly explaining key points/claims and the reasoning behind them; and/or incorrectly or inappropriately using terminology; and elements of the response are lacking. 30 points out of 50: The essay illustrates a rudimentary understanding of the relevant material by mentioning but not full explaining the relevant content; identifying some of the key concepts/ideas though failing to fully or accurately explain many of them; using terminology, though sometimes inaccurately or inappropriately; and/or incorporating some key claims/points but failing to explain the reasoning behind them or doing so inaccurately. Elements of the required response may also be lacking. 40 points out of 50: The essay illustrates solid understanding of the relevant material by correctly addressing most of the relevant content; identifying and explaining most of the key concepts/ideas; using correct terminology; explaining the reasoning behind most of the key points/claims; and/or where necessary or useful, substantiating some points with accurate examples. The answer is complete. 50 points: The essay illustrates exemplary understanding of the relevant material by thoroughly and correctly addressing the relevant content; identifying and explaining all of the key concepts/ideas; using correct terminology explaining the reasoning behind key points/claims and substantiating, as necessary/useful, points with several accurate and illuminating examples. No aspects of the required answer are missing. Use of Sources (worth a maximum of 20% of the total points). Zero points: Student failed to include citations and/or references. Or the student failed to submit a final paper. 5 out 20 points: Sources are seldom cited to support statements and/or format of citations are not recognizable as APA 6th Edition format. There are major errors in the formation of the references and citations. And/or there is a major reliance on highly questionable. The Student fails to provide an adequate synthesis of research collected for the paper. 10 out 20 points: References to scholarly sources are occasionally given; many statements seem unsubstantiated. Frequent errors in APA 6th Edition format, leaving the reader confused about the source of the information. There are significant errors of the formation in the references and citations. And/or there is a significant use of highly questionable sources. 15 out 20 points: Credible Scholarly sources are used effectively support claims and are, for the most part, clear and fairly represented. APA 6th Edition is used with only a few minor errors. There are minor errors in reference and/or citations. And/or there is some use of questionable sources. 20 points: Credible scholarly sources are used to give compelling evidence to support claims and are clearly and fairly represented. APA 6th Edition format is used accurately and consistently. The student uses above the maximum required references in the development of the assignment. Grammar (worth maximum of 20% of total points) Zero points: Student failed to submit the final paper. 5 points out of 20: The paper does not communicate ideas/points clearly due to inappropriate use of terminology and vague language; thoughts and sentences are disjointed or incomprehensible; organization lacking; and/or numerous grammatical, spelling/punctuation errors 10 points out 20: The paper is often unclear and difficult to follow due to some inappropriate terminology and/or vague language; ideas may be fragmented, wandering and/or repetitive; poor organization; and/or some grammatical, spelling, punctuation errors 15 points out of 20: The paper is mostly clear as a result of appropriate use of terminology and minimal vagueness; no tangents and no repetition; fairly good organization; almost perfect grammar, spelling, punctuation, and word usage. 20 points: The paper is clear, concise, and a pleasure to read as a result of appropriate and precise use of terminology; total coherence of thoughts and presentation and logical organization; and the essay is error free. Structure of the Paper (worth 10% of total points) Zero points: Student failed to submit the final paper. 3 points out of 10: Student needs to develop better formatting skills. The paper omits significant structural elements required for and APA 6th edition paper. Formatting of the paper has major flaws. The paper does not conform to APA 6th edition requirements whatsoever. 5 points out of 10: Appearance of final paper demonstrates the student’s limited ability to format the paper. There are significant errors in formatting and/or the total omission of major components of an APA 6th edition paper. They can include the omission of the cover page, abstract, and page numbers. Additionally the page has major formatting issues with spacing or paragraph formation. Font size might not conform to size requirements. The student also significantly writes too large or too short of and paper 7 points out of 10: Research paper presents an above-average use of formatting skills. The paper has slight errors within the paper. This can include small errors or omissions with the cover page, abstract, page number, and headers. There could be also slight formatting issues with the document spacing or the font Additionally the paper might slightly exceed or undershoot the specific number of required written pages for the assignment. 10 points: Student provides a high-caliber, formatted paper. This includes an APA 6th edition cover page, abstract, page number, headers and is double spaced in 12’ Times Roman Font. Additionally, the paper conforms to the specific number of required written pages and neither goes over or under the specified length of the paper.
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