Does the tension result in a balancing of important rights, or an erosion of important rights? What is the US Supreme Court’s role in resolving this tension over time? What role do the police play in balancing the interests of liberty and security?

Midterm

General Instructions:

Respond to the questions below. Single space your answers with 12 point font. Write at least one page per question – you may write more. Use headings and keep the paper well organized. If you copy and paste the question into your response, ensure that you write one page at least. You may collaborate and you may use any sources you wish including our text, videos, slides, and outside sources. You may use your PCAs but do not simply cut and past them (particularly for the short answers in Q#1).

Question #1:

Use the DIRE structure (Define, In other words, Relevance, Example) to explain five out of the eight concepts below. Your choice.
A Exclusionary Rule
B Fourth Amendment
C Nationalization of US Constitution
D Searches not requiring a warrant
E Stop and Frisk
F Probable Cause
G Reasonable Expectation of Privacy
H Reasonable Suspicion

Question #2:

For the past two months we have been considering the tension between liberty and security. Write a one-page response to the questions below:
A. Does the tension result in a balancing of important rights, or an erosion of important rights?
B. What is the US Supreme Court’s role in resolving this tension over time?
C. What role do the police play in balancing the interests of liberty and security?
D. What recommendations would you make to improve the ability of police and the courts to balance the sometimes conflicting interests of liberty and security?

Question #3:

Several weeks ago, we watched a short documentary regarding the tensions that spilled over on January 6, 2021 (the “Capitol Riot”) concerning the 2020 US Presidential Election. Considering the video and news objectively and not politically, what issues regarding policing, the Constitution, crimes, arrests, public and private property, were revealed, as relevant to our study?

Question #4:

Review the US Supreme Court case summary below regarding Torres v Madrid (Sup Ct., slip opinion, March 25, 2021)
Part A: Apply the IRAC structure to the Torres case in order to provide a summary of the case (case brief).
• Issue(s)
• Rule(s)
• Application to the facts
• Conclusion(s)
Part B
• Consider the Torres v. Madrid et al. case and apply it to any issues we have discussed including US Constitutional application to states, the 4th Amendment, seizures, use of force, police conduct, role of the US Supreme Court, and any other you think are important.