Dwares versus City of New York
Chapter 11 – Dwares v. City of New York
List all the facts relevant to deciding whether NYPD officers allowed Kreitman to beat Steven Dwares.
Summarize the Court’s arguments applying the state-created-danger rule to the facts of this case.
Do you believe it should be the federal courts’ “business” to decide when police officers are liable when private people beat up other individuals? If you do, who should make these decisions? State courts? Legislatures? Special panels of experts? Explain your answer.
Chapter 12 – Town of Castle Rock v. Gonzalez
Summarize the majority opinion’s arguments supporting its conclusion that Gonzalez has no constitutional right to have the Castle Rock police enforce the restraining order against her husband.
Summarize the dissent’s arguments supporting its conclusion that Gonzalez does have a constitutional
right to have the Castle Rock police enforce the restraining order against her husband.
Do you think the Colorado “mandatory” enforcement statute intended to take away the Castle Rock Police Department’s discretion in enforcing the restraining order? Defend your answer.
How important is it that Colorado was one of a number of states enacting mandatory enforcement of restraining orders in domestic abuse cases because of the widespread nonenforcement of restraining orders in domestic violence cases?
Chapter 13 – North Carolina v. Alford
Did Henry Alford knowingly and voluntarily plead guilty?
Consider the dissent’s comment that Henry Alford was “so gripped by fear of the death penalty” that his decision was “the product of duress.” Should defendants ever be allowed to plead guilty if they believe they’re innocent? Why or why not? Back up your answer with arguments from the majority and dissenting opinions.
Do Alford pleas promote the accuracy and sorting criminal procedure.
Chapter 14 – Lockyer, Attorney General of California v. Andrade
How does the majority know that the three-strikes law isn’t cruel and unusual?
How does the dissent know that it is cruel and unusual?
Are their opinions purely subjective, or are they based on some standards? If so,
what are the standards?
Should the California legislature or the U.S. Supreme Court decide whether punishments are cruel and unusual? Explain your answer.
Do you believe 25 years to life is “grossly disproportionate” to Leandro An
Chapter 15 – U.S. v. M. Farah and Others
List all the facts and circumstances relevant to prove there was probable cause to issue the search and arrest warrants.
In your opinion, do you believe there was probable cause to deny bail to each of the defendants? Back up your answer
with details from the affidavit and from the relevant text in Chapter 12.
Do the defendants have a reasonable expectation of privacy in their tweets, texts, and emails? Back up your answer with details from relevant sections of Chapter 1, and sections in this chapter.
In your opinion, should it matter where each of the defendants was born? Defend your answer.
Dwares versus City of New York
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