3 short essays- They will likely be in the form of a fact pattern to which you will have to apply your knowledge of the following legal topics)
1. Be able to recognize and define the Exclusionary Rule & the Fruit of the Poisonous Tree Doctrine – how are constitutional violations determined in such situations? What are the results of such a violation being found? What are the “costs” of the Exclusionary Rule? Do you think this rule should be abolished? What is an alternative?
2. Know/recognize where this is/is not a recognized reasonable expectation of privacy. How can LEO lawfully search a place where a reasonable expectation of privacy is recognized? Know about obtaining and executing Search Warrants and when there is an exception to the search warrant requirement.
3. Name/describe 5 major sentencing philosophies. Describe an example of a restorative justice project. Which are the most significant sentencing philosophies today, especially in NY? What do you think is the proper balance of these philosophies and why?
Bonus – List 9 steps in the criminal trial process (from voir dire through verdict).
Briefing Format : FACTS, ISSUE, HOLDING, RATIONALE
•Batson v. Kentucky1986
•Furman v. Georgia1972•In Re Gault1967