Assume that you are working at a local criminal defense law firm.
Assignment Details
Assume that you are working at a local criminal defense law firm. The managing partner has asked you to research the following issues. The attorney anticipates that these issues could arise in a criminal case that your firm has accepted.
State and local governments must obey the Bill of Rights. Write a 2–3-page paper that considers the following:
During a state criminal prosecution, a defendant is guaranteed many rights through the Due Process Clause of the 14th Amendment to the Constitution. Almost all of the Bill of Rights have been incorporated through the 14th Amendment and apply to the states. Select 1 of these constitutional guarantees that you believe is the most important, and provide an example of how this constitutional right of a state defendant might be violated during the criminal process.
Could this violation form the basis of an appeal if the defendant is convicted?
To which court can the verdict from a state trial be appealed (use your state as an example)?
To which court can the verdict from a federal trial court be appealed (again, use your specific federal courts as an example)?
Is there an intermediate court of appeals in your state or federal system?
What is the court of last resort (highest appeals court) in your state and in the federal courts? Does this court have original jurisdiction over any criminal actions?
Please provide citations to your references at the end of your assignment in a Reference section.
OTHER INFORMATION
Instructions:
Students should select 1 of the constitutional amendments that concern the criminal process such as the Fourth, Fifth, Sixth, or Eighth Amendments and describe a specific case or create a fact pattern where the amendment has been violated. Some examples could be the following:
A warrantless search under the Fourth Amendment
Questioning without providing Miranda warnings under the Fifth Amendment
Ineffective counsel under the Sixth Amendment
Sentencing a person with mental disabilities or a juvenile with the death penalty under the Eighth Amendment
These are just a few examples, and there are many others that students could use. Students will likely be unfamiliar with the concept of a fictional, hypothetical fact pattern or creating a story, so you will need to explain this to them and how fact patterns are used to analyze the law.
Students should explain the appeals process in their states and the specific court that hears criminal appeals in their states.
Students should explain the appeals process in federal court and the specific federal circuit to which the federal district trial court verdicts are appealed (1st through the 11th Circuit Courts of Appeal or the D.C. Circuit).
Students should discuss whether their state has an intermediate appellate court, which is often referred to as the Court of Appeals. Students who reside in states with smaller populations may only have one level of state appellate court, which is often referred to as the Supreme Court of that state. Students who reside in states with larger populations may have multiple layers of appellate courts. Other states, such as Texas, may have a unique appellate process for criminal cases where criminal cases are appealed to the Texas Court of Criminal Appeals. Students also may discuss their federal system, which would include their specific Circuit Court of Appeal (1st through 11th or the D.C. Circuit).
Students should discuss the name of their state’s highest court of appeal, which is most likely the (State Name) Supreme Court, unless they reside in New York, which calls its highest appellate court the Court of Appeals. Students should also discuss the court of last resort of the highest appellate court in the federal system, which is the U.S. Supreme Court.
Lastly, students should discuss instances when the U.S. Supreme Court and their state’s highest courts have original jurisdiction, which is the opposite of appellate jurisdiction. State answers will vary. The U.S. Supreme Court has original jurisdiction over cases involving ambassadors, public ministers, and consuls. The Supreme Court also has original jurisdiction in lawsuits between two or more states.
Answer preview to assume that you are working at a local criminal defense law firm.
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