Constitutional Law Final Essay questions

1. Explain in detail the Exclusionary Rule. Briefly summarize the holding in Mapp v. Ohio. Create your own fact pattern to illustrate how the Exclusionary Rule is applied by the Courts.

2. Explain in detail the Right Against Self-Incrimination found in the 5th Amendment.

Briefly summarize the holding in Miranda v. Arizona.

3. Does the 6th Amendment, right to a jury trial, mandate that a jury must have 12 members?

Explain the history of the Court’s interpretation of jury size?

In what historical case did the Court state, “a jury comprised of 12 persons, neither more or less.” What was the Court’s reasoning for making this statement?

Explain the Supreme Court’s interpretation of jury size in their 1979 case.

4. What should be the test for determining when prison conditions constitute cruel and unusual punishments?

Is a “deliberate indifference” standard appropriate? In what case does the Court first discuss this standard?

Is it unconstitutional to confine an inmate to a four-by-six foot cell?
Why or why not?