What are the differences between the United States Supreme Court’s “hands-off” doctrine and its later “litigation revolution” era regarding lawsuits filed by prisoners?

QUESTIONS

Question #1

Carefully read the fact pattern below. Then, identify and discuss as many Fourth and Fifth Amendment issues as you can.

Ross, a police officer for the Carol City Police Department—out of uniform—showed up at Jackson’s house, knocked, and asked if he could enter to execute a warrant. The warrant was a search warrant, issued by Judge Judy. The warrant stated that “the first-floor of Jackson’s house will be searched for a gun used in connection with a robbery, as well as two paintings which were stolen.” While looking in Jackson’s house, Ross smelled what he thought to be gunpowder emanating from the second floor, and he quickly—without looking for anything else—walked to the second floor and found a gun at the top of the steps, which he confiscated. The gun had a note attached to it which listed an address. Later that day, police arrived at the address listed on the note, and it turned out that two stolen paintings were found there and were then confiscated. (The address was a known place where stolen paintings were hidden.) While at his house, Jackson stated to Ross that, “I do not know what you are here because I did not rob the Art Museum.” Nevertheless, Ross asked Jackson to accompany him to the station. Ross agreed, and as they walked in, Judge Judy stated loudly, “Is that the guy who stole the paintings?!” To which Jackson replied, “I already told Ross that I did not rob the Museum!”

Question #2

1. Of the four commonly used sources of law discussed in Chapter 4 of the Hemmens book (Fourth Amendment, Terry v. Ohio (1968), Fourteenth Amendment, and Title 42 U.S.C. §14141), which would likely be the most viable in a racial profiling case, and why?
2. Is it possible for a police officer to enforce federal immigration law without considering the race or ethnicity of potential suspects?
3. Given the methodological difficulties associated with estimating the racial/ethnic proportions within the driving population at large, will it ever be possible to accurately measure a disparate impact?

Question #3

1. What were state and federal lawmakers trying to achieve when they adopted sentencing reforms in the 1980s and 1990s?
2. How did the laws in effect at the time that Charles Apprendi (Apprendi v. New Jersey, 2000), Ralph Blakely (Blakely v. Washington, 2004), and Freddie Booker (United States v. Booker, 2005) were sentenced deprive them of the right to a jury trial?
3. Several United States Supreme Court decisions strengthen criminal defendants’ Sixth Amendment right to a trial by jury. If that is the case, then why has the rate of criminal trials not increased as a result?

Question #4

A. B.

What are the differences between the United States Supreme Court’s “hands-off” doctrine and its later “litigation revolution” era regarding lawsuits filed by prisoners?

Carefully read the fact pattern below, then answer the questions that follow:

Abby alleged that she was involved with the Floribama Bureau of Investigations in 2015 and that her fellow prisoners learned of this and subjected her to repeated assaults. In July 2016, Abby wrote to the Warden of North Floribama Women’s Prison (NFWP) and requested a transfer to another facility; however, that request was denied. In August 2016, Abby claimed that other prisoners at NFWP attempted to assault her. A week later, she asked the Chief Security Officer Warden of NFWP for a transfer, who forwarded the request to the Warden. Abby was offered protective custody but she refused it. Abby wrote again to the Warden requesting a transfer to another facility, which was denied a second time. On September 22, 2016, Abby learned that other prisoners were planning to place a cocktail bomb in her cell. She notified the Chief Security Officer of the plot, who forwarded the information to the Warden. Abby then requested to be placed in protective custody and sought treatment from the mental health doctor due to fear and mental anguish. Abby saw the doctor on October 10, 2016, but still did not hear back from administration regarding her other request. On October 15, 2016, she spoke with the Chief Security Officer asking protective custody placement and for an investigation to confirm her story about the cocktail bomb plot. Her requests were denied. On November 8, 2016, Abby said that she was slashed in the neck and left wrist by another prisoner. The next day, she was removed from her cell block, D-Block, and placed in another, J-Block; however, Abby alleged that she was still in fear for her safety. Administration then agreed to place her in protective custody, but advised that the transfer would take 3 to 4 days. Abby remained in J-Block for 56 days. While in general population in J-Block, Abby again complained that she was threatened by other prisoners and, as a result, she refused to shower or eat out of fear of retaliation.

1. What are Abby’s claims based on constitutional rights? Identify those rights.
2. What is the PLRA, and how might Abby’s claims be limited by the PLRA?
3. If you were the judge presiding over this case, what would be your ruling? Fully explain the rationale for your decision.

Question #5

1. Describe cases that upheld and struck down confessions under the Fourteenth Amendment due process clause. What concern did these cases cause among liberal United States Supreme Court justices?
2. List some of the ways in which the United States Supreme Court, since Miranda v. Arizona (1966), has watered down the protections of suspects during interrogation.
3. Why might the videotaping of interrogations protect constitutional themes better than Miranda warnings?

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