Methodologies and Exclusionary Rules in the Legal Environment
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1) In Duncan v. Louisiana (1968), the majority opinion of Justice White, the concurring opinion of Justice Black, and the dissenting opinion of Justice Harlan represent three distinct methodologies for deciding which provisions of the Bill of Rights are to be applied to the states via the Fourteenth Amendment. Identify and explain these three methodologies.
2) It is argued that the exclusionary rule was invoked by the Supreme Court because there was no other effective remedy to deter police misconduct. Does this still apply in today's legal environment?
3) What would have been the practical legal and policy consequences for the United States in the late 1940s had Justice Black persuaded one more justice to join his opinion in Adamson v. California?
4) What position does Justice White advance in his concurring opinion in Katz v. United States? Is it consistent with his view of the Fourth Amendment that we find in his opinion in Chimel v. California? How? Explain.
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Solution Summary
The methodologies and exclusionary rules in the legal environment are examined. Practice legal and policy consequences for the United States is discussed.
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1) In Duncan v. Louisiana (1968), the majority opinion of Justice White, the concurring opinion of Justice Black, and the dissenting opinion of Justice Harlan represent three distinct methodologies for deciding which provisions of the Bill of Rights are to be applied to the states via the Fourteenth Amendment. Identify and explain these three methodologies. (200 Words)
The methodologies for interpreting how provisions in the Bill of Rights should apply are questioned in regard to fundamental principles of liberty and justice that lie at the base of all our civil and political institutions, and if this is how the provisions should be interpreted. The next methodology that is ascertained is whether the provisions in the Bill of Rights and their application to the states are basic in our system of jurisprudence, and finally the methodology used wherein the focus was on whether these provisions represented a fundamental right that was essential for a fair trial. White believed that all three methodologies were evident within the case, and Black took the position that the Fourteenth Amendment ensured that application of the provisions within this Amendment were a basic staple of America's system of jurisprudence and applicable to the states.
Justice Harlan's stance was that the prevailing methodologies mentioned in the above paragraph were incorrect, and whether the State of Louisiana's attempt to try charges of simple battery to the court alone was prohibited by the Constitution. Based off of ...
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