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Constitutional and Administrative Law.

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Week 7 DB 1
1. Explain with examples how the Eighth Amendment restricts the government's authority to make something a crime.
2. Analyze Papachristou v. City of Jacksonville. As a public administrator, explain whether there should be a higher concern for public safety or for individual rights. Support your position with examples or evidence

Week 7 DB 2
1. Evaluate United States v. Agurs. Another very important public policy issue is an appreciation for the difference between obtaining a high conviction rate or being perceived as "tough on crime," and seeking justice. Debate your position on the death penalty regarding whether it is used for justice or for other purposes. Support your position with examples or evidence.
2. In the text, it states that "the (Supreme) Court has agreed that the death penalty can be constitutionally sustained only if its imposition is consistent with 'evolving standards of decency'." With so many juveniles committing heinous crimes, take a position and debate as a public administrator on whether you think the death penalty should be allowed for juveniles?

Week 8 DB 1
1. Agency power combines the executive and legislative powers with respect to rule making and the legislative and judicial powers with respect to adjudication. Pick two agencies and compare and contrast the power each agency has in enforcing the regulations they are asked to uphold. Discuss why it is challenging for some agencies to enforce regulations and why it may be easy for other agencies to enforce regulations.
2. Evaluate Bring v. North Carolina State Bar. Apply the court's ruling on delegation to another situation of your choice to determine at what point delegation should stop.

Week 8 DB 2
1. It has been stated, "Judicial review is concerned, not with the decision, but with the decision-making process." Take a position on whether it should or should not be true. Support your position with examples or evidence.
2. Imagine a Libertarian is voted into the White House at the next presidential election. Speculate what this could do for any agency's judicial review process.

Week 9 DB 1
1. Despite widespread cynicism about public ethics, students are likely to agree that a rule of law depends on the perceived legitimacy of public officials and that legitimacy is impossible without widespread ethical behavior. Discuss with supporting example what can be done to cultivate ethical behavior in public officials.
2. Take a position on whether or not behavior should be governed by compliance with rules. Support your position with examples or evidence.

Week 9 DB 2
1. After reading the case summary, People v. Howard, if you were an Illinois state legislator, would you support a bill in response to People v. Howard that provides that only conduct specifically prescribed by a state statute may be a predicate offense for official misconduct? Why or why not?
2. Evaluate Van Itallie v. Franklin Lakes. Based on the facts described in Van Itallie v. Franklin Lakes, take a position and explain what you would have done differently, if anything, if you were the council members.

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Solution Preview

Week 7 DB 1
1. Explain with examples how the Eighth Amendment restricts the government's authority to make something a crime.

The Eighth Amendment prevents the United States from imposing excessive bail, excessive fines, as well as cruel unusual punishments to for criminal defendants wherein the government is not able to be denied the ability to impose any grossly disproportionate sentence or punishment that is not in accordance with the seriousness of the offense.

http://www.legalmatch.com/law-library/article/8th-amendment-limitations-on-sentencing.html

2. Analyze Papachristou v. City of Jacksonville. As a public administrator, explain whether there should be a higher concern for public safety or for individual rights. Support your position with examples or evidence

The concern for individual rights far outweighs the concern for public safety as the decision in Papachristou was placated upon the viewpoint that American citizens have a right to express their creativity and live their lives unfettered wherein they are not beholden to restrictions on their freedom of movement. Therefore, restricting individual rights that are inalienable to all citizens is viewed upon as an affront to the Constitution and go against the entire feeling of independence and self-confidence that is promulgated by the United States Constitution. In addition, the ruling against Papachristou was also based upon the social class and racial demographic of the defendants. Therefore, this was placated upon racism as well, which goes against applying the rule of law in an equal and just manner for all people regardless of their socioeconomic or racial status.

http://uscivilliberties.org/cases/4252-papachristou-v-city-of-jacksonville-405-us-156-1972.html

Week 7 DB 2
1. Evaluate United States v. Agurs. Another very important public policy issue is an appreciation for the difference between obtaining a high conviction rate or being perceived as "tough on crime," and seeking justice. Debate your position on the death penalty regarding whether it is used for justice or for other purposes. Support your position with examples or evidence.

In regard to United States v. Agurs, this decision was placated upon obtaining a higher conviction rate for the prosecution in my opinion as it set a precedent that enabled prosecutors to possess the autonomy to refrain from ensuring that all evidence is aired in court to allow the defendant to receive a fair trial. This ruling violated the notion of fair disclosure as it allowed the prosecution to conceal vital information from the jury, which usurps the intended function of the jury and denies the defendant their constitutional right to allow a jury of their peers to be the trier of fact in their criminal case.

The death penalty is not used for just and legal purposes, it is used for retribution, and this retributive justice is an affront to the rule of law as well as a ...

Solution Summary

Constitutional and administrative law is examined. The expert analyzes Papachristou versus the City of Jacksonville.

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