LEG 420

Case Study 2: Ballew v. Georgia, 435 U.S. 223 (1978)

Due Week 6 and worth 150 points

The Fourth Amendment of the U.S. Constitution limits the power of the police to make arrests, search people and their property, and seize objects and contraband, such as illegal drugs or weapons. These limits are the bedrock of search and seizure law and are ultimately at the root of your right to privacy.

Analyze the following case in preparation for a systematic approach to your synthesis of law and fact:

• Ballew v. Georgia, 435 U.S. 223 (1978) located at http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=case&court=us&vol=435&page=223.

Write an eight to ten (8-10) page paper in which you:

1. Prepare a two to three (2-3) page briefing on the case that you reviewed in which you utilize the following areas of importance: a) issue presented; b) short answer; c) the facts of the case; d) a summary of the case; and e) a conclusion of the case outcome.
2. Discuss the historical background behind the right to a twelve (12) person jury under the Sixth Amendment to the U. S. Constitution. Provide relevant examples of such historical importance to support your response.
3. Analyze the role of the jury, as defined by the Sixth Amendment to the U.S. Constitution.
4. Discuss the fundamental protections available to a defendant under the Fourth Amendment as they relate to the concept of liberty, to the American system of jurisprudence, and to the right to a twelve (12) person jury. Provide a rationale for your response.
5. Support or oppose the following quote from Phoebe C. Ellsworth, Law Professor at the University of Michigan: “Ideally, the knowledge, perspectives, and memories of the individual members are compared and combined, and individual errors and biases are discovered and discarded, so that the final verdict is forged from a shared understanding of the case.” Justify your response.
6. Use at least two (2) quality references. Note: Wikipedia and other Websites do not qualify as academic resources.

Your assignment must follow these formatting requirements:

• Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; citations and references must follow APA or school-specific format. Check with your professor for any additional instructions.
• Include a cover page containing the title of the assignment, the student’s name, the professor’s name, the course title, and the date. The cover page and the reference page are not included in the required assignment page length.

The specific course learning outcomes associated with this assignment are:

• Illustrate the workings of the adversary system.
• Use technology and information resources to research issues in U.S. Courts.
• Write clearly and concisely about U.S. Courts using proper writing mechanics and APA style conventions.

• Points: 150	Case Study 2: Ballew v. Georgia, 435 U.S. 223 (1978)
  Criteria	Unacceptable Below 60% F	Meets Minimum Expectations 60-69% D	Fair 70-79% C	Proficient 80-89% B	Exemplary 90-100% A
  1. Prepare a two to three (2-3) page briefing on the case that you reviewed in which you utilize the following areas of importance: a) issue presented; b) short answer; c) the facts of the case; d) a summary of the case; and e) a conclusion of the case outcome. Weight: 20%	Did not submit or incompletely prepared a two to three (2-3) page briefing on the case that you reviewed in which you utilize the following areas of importance: a) issue presented; b) short answer; c) the facts of the case; d) a summary of the case; and e) a conclusion of the case outcome.	Insufficiently prepared a two to three (2-3) page briefing on the case that you reviewed in which you utilize the following areas of importance: a) issue presented; b) short answer; c) the facts of the case; d) a summary of the case; and e) a conclusion of the case outcome.	Partially prepared a two to three (2-3) page briefing on the case that you reviewed in which you utilize the following areas of importance: a) issue presented; b) short answer; c) the facts of the case; d) a summary of the case; and e) a conclusion of the case outcome.	Satisfactorily prepared a two to three (2-3) page briefing on the case that you reviewed in which you utilize the following areas of importance: a) issue presented; b) short answer; c) the facts of the case; d) a summary of the case; and e) a conclusion of the case outcome.	Thoroughly prepared a two to three (2-3) page briefing on the case that you reviewed in which you utilize the following areas of importance: a) issue presented; b) short answer; c) the facts of the case; d) a summary of the case; and e) a conclusion of the case outcome.
  2. Discuss the historical background behind the right to a twelve (12) person jury under the Sixth Amendment to the U. S. Constitution. Provide relevant examples of such historical importance to support your response. Weight: 20%	Did not submit or incompletely discussed the historical background behind the right to a twelve (12) person jury under the Sixth Amendment to the U.S. Constitution. Did not submit or incompletely provided relevant examples of such historical importance to support your response.	Insufficiently discussed the historical background behind the right to a twelve (12) person jury under the Sixth Amendment to the U.S. Constitution. Insufficiently provided relevant examples of such historical importance to support your response.	Partially discussed the historical background behind the right to a twelve (12) person jury under the Sixth Amendment to the U.S. Constitution. Partially provided relevant examples of such historical importance to support your response.	Satisfactorily discussed the historical background behind the right to a twelve (12) person jury under the Sixth Amendment to the U.S. Constitution. Satisfactorily provided relevant examples of such historical importance to support your response.	Thoroughly discussed the historical background behind the right to a twelve (12) person jury under the Sixth Amendment to the U.S. Constitution. Thoroughly provided relevant examples of such historical importance to support your response.
  3. Analyze the role of the jury, as defined by the Sixth Amendment to the U.S. Constitution. Weight: 15%	Did not submit or incompletely analyzed the role of the jury, as defined by the Sixth Amendment to the U.S. Constitution.	Insufficiently analyzed the role of the jury, as defined by the Sixth Amendment to the U.S. Constitution.	Partially analyzed the role of the jury, as defined by the Sixth Amendment to the U.S. Constitution.	Satisfactorily analyzed the role of the jury, as defined by the Sixth Amendment to the U.S. Constitution.	Thoroughly analyzed the role of the jury, as defined by the Sixth Amendment to the U.S. Constitution.
  4. Discuss the fundamental protections available to a defendant under the Fourth Amendment as they relate to the concept of liberty, to the American system of jurisprudence, and to the right to a twelve (12) person jury. Provide a rationale for your response. Weight: 15%	Did not submit or incompletely discussed the fundamental protections available to a defendant under the Fourth Amendment as they relate to the concept of liberty, to the American system of jurisprudence, and to the right to a twelve (12) person jury. Did not submit or incompletely provided a rationale for your response.	Insufficiently discussed the fundamental protections available to a defendant under the Fourth Amendment as they relate to the concept of liberty, to the American system of jurisprudence, and to the right to a twelve (12) person jury. Insufficiently provided a rationale for your response.	Partially discussed the fundamental protections available to a defendant under the Fourth Amendment as they relate to the concept of liberty, to the American system of jurisprudence, and to the right to a twelve (12) person jury. Partially provided a rationale for your response.	Satisfactorily discussed the fundamental protections available to a defendant under the Fourth Amendment as they relate to the concept of liberty, to the American system of jurisprudence, and to the right to a twelve (12) person jury. Satisfactorily provided a rationale for your response.	Thoroughly discussed the fundamental protections available to a defendant under the Fourth Amendment as they relate to the concept of liberty, to the American system of jurisprudence, and to the right to a twelve (12) person jury. Thoroughly provided a rationale for your response.
  5. Support or oppose the following quote from [WHOM]: “Ideally, the knowledge, perspectives, and memories of the individual members are compared and combined, and individual errors and biases are discovered and discarded, so that the final verdict is forged from a shared understanding of the case.” Justify your response. Weight: 15%	Did not submit or incompletely supported or opposed the following quote from [WHOM]: “Ideally, the knowledge, perspectives, and memories of the individual members are compared and combined, and individual errors and biases are discovered and discarded, so that the final verdict is forged from a shared understanding of the case.” Did not submit or incompletely justified your response.	Insufficiently supported or opposed the following quote from [WHOM]: “Ideally, the knowledge, perspectives, and memories of the individual members are compared and combined, and individual errors and biases are discovered and discarded, so that the final verdict is forged from a shared understanding of the case.” Insufficiently justified your response.	Partially supported or opposed the following quote from [WHOM]: “Ideally, the knowledge, perspectives, and memories of the individual members are compared and combined, and individual errors and biases are discovered and discarded, so that the final verdict is forged from a shared understanding of the case.” Partially justified your response.	Satisfactorily supported or opposed the following quote from [WHOM]: “Ideally, the knowledge, perspectives, and memories of the individual members are compared and combined, and individual errors and biases are discovered and discarded, so that the final verdict is forged from a shared understanding of the case.” Satisfactorily justified your response.	Thoroughly supported or opposed the following quote from [WHOM]: “Ideally, the knowledge, perspectives, and memories of the individual members are compared and combined, and individual errors and biases are discovered and discarded, so that the final verdict is forged from a shared understanding of the case.” Thoroughly justified your response.
  6. 2 references Weight: 5%	No references provided	Does not meet the required number of references; all references poor quality choices.	Does not meet the required number of references; some references poor quality choices.	Meets number of required references; all references high quality choices.	Exceeds number of required references; all references high quality choices.
  7. Clarity, writing mechanics, and formatting requirements Weight: 10%	More than 8 errors present	7-8 errors present	5-6 errors present	3-4 errors present	0-2 errors present