Final Portfolio Deliverable Option #1 - Fact Pattern and Questions The final Portfolio Project assignment continues the fact pattern that was introduced in Week 3 and continued in Week 6. Read the conclusion of the fact pattern here. In a well-written paper, answer the following questions: What constitutional issues, if any, arise with Amy’s case? Have her constitutional rights been violated and, if so, how? Have her constitutional rights been protected and, if so, how? What constitutional rights, if any, does Sven have? Should he be charged as a criminal, deported or considered a terrorist? If he is deported or deemed a terrorist, what treatment will he receive under either scenario?
Which treatment do you think is the proper treatment of illegal aliens who make similar statements against America given your current understanding of the constitutional protections afforded the defendant? With respect to Toby, what constitutional issues, if any, arise? Have his constitutional rights been violated and, if so, how? Have his constitutional rights been protected and, if so, how? What constitutional issues arise with respect to Bill’s search, arrest, and plea? Does he have a right to an appeal and, if so, on what grounds? What actions can be taken against Officer Bill, Judge Meyer and Attorney Jones, if any, in Bill’s case? In the cases of Amy, Bill, Toby and Sven, the facts end before a trial actually occurs. Consider a defendant whose case goes to trial. What constitutional issues arise during the trial process? In your answer, focus specifically on the role of the defense attorney, prosecutor, judge and jury.
From opening statements to sentencing, what constitutional concerns arise during a trial, and how is the defendant protected? In your answer, address both clear constitutional violations as well as facts that may not be a constitutional violation but that fall under the domain of constitutional criminal procedure, and explain how the right was not violated. Support your answer with clear application of the relevant Amendment(s). You should also discuss any applicable Supreme Court cases from the text, comparing and distinguishing facts from those cases to the cases at hand. For purposes of clear organization, you are encouraged to address one defendant at a time and to use headings and subheadings in your writing for each issue of criminal procedure that you raise. Your paper should be 7-9 pages in length (not including the title page or reference page) and conform to CSU-Global Guide to Writing and APA Requirements. Include at least three credible outside references, in addition to the course textbook. The CSU-Global Library is a good place to find these references. Remember, you must support your thinking/opinions and prior knowledge with references; all facts must be supported; in-text references used throughout the assignment must be included in an APA-formatted reference list.
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