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History of First and Fourth Amendments

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Part I

Using sources, explain how the constitutional interpretation of the First Amendment has evolved over the years. What do you personally foresee as potential future issues with this amendment? Explain.
Part II

Using sources, explain how the constitutional interpretation of the Fourth Amendment has evolved over the years. What do you personally foresee as potential future issues with this amendment? Explain

Part III

Read the following set of facts and then using the IRAC method lay out your constitutional analysis and your conclusion. (Do not repeat the facts....just go through the IRAC) Consider what rights the defendant can complain have been violated. Do not assume that only one amendment is triggered in this case, there may be more than one. Be sure to offer your conclusion on the matter.

Scenario:

You are a newly appointed U.S. Supreme Court Justice. Your law clerk has brought a case to your attention that he feels you may want to vote for in order to grant a writ of certiorari. As you read the facts, you brief the case so that you can come back to review it later prior to the time to vote.

Facts:

Defendant male, Smith, was convicted of aggravated rape of a child in State X and sentenced to death. The female child victim, A.B., age 9, was held hostage for two months by defendant and sexually assaulted repeatedly. She testified via closed circuit television about daily assaults, that defendant used weapons, and sodomized her. Evidence was introduced at trial that she was forced to bathe in bleach and other chemical substances. Defense counsel failed to object to the introduction of this evidence. During sentencing, there was testimony that A.B. suffered from obsessive-compulsive disorder and was known to use harsh cleaning solutions. This information was not available to the defense during guilt/innocence.

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Solution Preview

Final
Part I

Using sources, explain how the constitutional interpretation of the First Amendment has evolved over the years. What do you personally foresee as potential future issues with this amendment? Explain.

Over the 220 plus years of its existence, the First Amendment's five fundamental freedoms of religion, speech, press, assembly and petition have been cultivated and established into the current lexicon through different courts setting the paradigm for these freedoms in landmark legal cases, which have set the standards for freedom of expression for each new American generation. Every new generation has had to deal with new ways to interpret this Amendment in relation to the climate during each new generation. One example of this is following the 9/11 attacks whereas support for the First Amendment was severely damaged in regard to how far the right to free speech should be extended to American citizens. Future issues with the First Amendment entail how information technology and emerging digital media environments have influenced the 21st generation and how they regard free expression rights.

http://www.knightfoundation.org/publications/future-first-amendment-2011

Part II

Using sources, explain how the constitutional interpretation of the Fourth Amendment has evolved over the years. What do you ...

Solution Summary

This response addresses the history of the First and Fourth Amendments.

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1. The Virginia state crime lab forensic supervisor has concerns about the technology used in the field by its investigators to retrieve evidence from multimedia devices and the training of the investigators to retrieve all the possible evidence from all the possible source devices. DC Investigative has been asked to provide a 7 - 8 slide presentation explaining two forensic tools, the characteristics of those tools, and the possible multimedia devices, which are involved in the evidence discovery, imaging, and chain of custody processes.

2. The crime lab executive in charge of forensic operations is concerned at the recent loss of several cases due to improper evidence discovery procedures implemented during investigations in violation of First and Fourth Amendments guidelines and would like DC Investigative to put together a training document to correct this deficiency. Discuss in the training document the importance of using the correct technology to perform evidence discovery both on-site and in the lab once the electronic evidence has been transported. Address what federal statutes may be disseminated down to the state level during forensic expert's analysis of computer crime evidence.

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