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DEFENDANTS' RIGHTS
Political Science 344
Spring 2005
Requirements
I. Class Attendance and Participation (20
percent)
You should attend class, period! But, as you can see, you must do
more than simply "show-up." Participation represents a critical
part of this course. What do I mean by "class participation?"
Simply, you must read and "brief" cases at least one day in
advance of class. And, you must be prepared to discuss cases in
class.
A. Reading Cases
As you can see, the reading for this course consists
primarily of cases decided by the U.S. Supreme Court.
Reading these decisions may seem strange and, perhaps,
difficult at first. But by the end of the semester you'll
be a "pro."
A few suggestions:
1. Read the case before you try to "brief" it (see
below). Underline salient points.
2. If you come across unfamiliar legal terms, look
them up.
B. Briefing Cases
To assist in analyzing and remembering cases, it is
imperative that you "brief" them immediately after you read
them. In the coming days we'll talk about how you do
this.
II. Examinations (80 percent)
You will take two non-cumulative examinations, a mid-term (35%)
and a final (45%). The examinations consist of essay questions,
some of which I frame as "hypotheticals" to which you will
apply relevant case materials. We will discuss this format in
greater depth in class (see below for examples). Unless you
contact me at least one week before the exams, you must take
them on the scheduled dates. Be forewarned: I will make
exceptions under only the most unusual of
circumstances.
A. Sample Midterm Questions
Assume that you are a trial court judge. Last week, the
following case came before you. Consider carefully the facts
as a whole and as distinct legal issues. Please use existing
Supreme Court precedent to answer the questions.
On June 5, 1989, FBI agent Dick Hornburgh received a tip from
a well-known Dallas "oil baron" that J.R. Ewing, another
Dallas entrepreneur, was manufacturing illegal drugs (cocaine
and heroine) in a laboratory located on his ranch, Southfork,
and that he was growing marijuana on the property surrounding
the ranch. Acting on this information, Hornburgh dispatched
agents to Southfork. Over the course of the next week, these
agents observed numerous "strange" cars and other vehicles
going in and out of the ranch.
Based on the initial "tip" and on these observations,
Hornburgh sought to obtain a warrant to search the Southfork
residence. He first approached Magistrate Stone. He told her
about the "tip" and the agents' observations. Stone, however,
felt insufficient probable cause existed to issue the
warrant. Rather than attempting to build a better case,
Hornburgh went to a second magistrate, Barnes, who issued a
warrant to search only the Ewing residence (i.e., the main
building).
1. Should magistrate Barnes have issued the warrant?
Hornburgh, along with four other officers, sought to execute
the warrant. They drove up to the Ewing residence, parking
rather far from the house because a silver Mercedes Benz was
blocking the driveway. They knocked on the door to the house.
Sue Ellen Ewing (J.R.'s wife) opened it. After she told them
that J.R. was not in the house (he was, according to her,
riding a horse on Southfork property), Hornburgh explained
that they had a warrant to search the home. She let them in
and the five began a full search of the house.
They found nothing until they spotted a closed door at the
side of the house. The asked Mrs. Ewing about this-- she told
them that they rented out that part of the home to a boarder,
one Mandy Winger.
Upon obtaining Mrs. Ewing's permission, the agents entered
the Winger quarters. There, they not only found Ms. Winger,
but a sophisticated laboratory they suspected was used for
the manufacturing of drugs.
2. Was it reasonable for police to have entered Winger's
quarters?
III. Grading Policies
A. Overall Distribution
| A |
99-94 |
| A- |
93-90 |
| B+ |
89-86 |
| B |
85-83 |
| B- |
82-80 |
| C+ |
79-76 |
| C |
75-73 |
| C- |
72-70 |
| D+ |
69-66 |
| D |
65-63 |
| NCR/F |
below 63 or failure
to receive a grade of D
or better on grade components |
B. To pass this course you must receive a grade of D or
better on all components of the final grade
(participation, midterm and final examinations).
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