Description
Answer the questions as indicated in the question.
Unformatted Attachment Preview
There is no minimum or maximum number of words for each answer. However, your
answers should be complete and more than one or two sentences long. If you want to
refer to a brief section of a case or a statute, be sure to put that section in quotes and
include a citation. Answer each of the following questions. For questions with
subparts, be sure to answer each subpart. Please remember: your answers must be in
your own words. Do not use any content or text generated by technological tools
(including AI and ChatGPT). Do not cut and paste from the internet or borrow
someone else’s words.
QUESTION I (50 points)
In this course, we studied two landmark cases, Marbury v. Madison and Brown v.
Board of Education (I and II). For each case:
1. Describe the effect that these cases had on the American legal system.
2. Discuss the ways in which these cases involved the distinction between legal
rights and
remedies and include a focus on the barriers to effective remedies.
QUESTION II (50 points)
In State v. Butler, the Ohio Supreme Court considered the defendant’s right against
self- incrimination under the 5th and 14th amendments.
1. Explain how the majority distinguished Miranda and describe the holding in
Butler.
2. Explain how the dissent interpreted the holding of Miranda. Why did the
dissent believe
it should follow Miranda?
3. Assume that you sit as a judge on a Connecticut state court in 1969, and as of
that date,
there were only two cases that had addressed the admissibility of a defendant’s
out of court statements made without Miranda warnings — State v. Butler and
United States. v. Fox (2d Cir.) (quoted in the Butler dissent).
1. Would your court be bound by Butler? By Fox?
2. Would your answer change if you sat on a federal district court in
Connecticut?
Be sure to explain the reasons for your answers to (a) and (b).
Purchase answer to see full
attachment
