Constitutional Law

1) Assume that the police suspect Anne Smith of murder and that they got DNA evidence at the crime scene that likely belongs to the killer. Law enforcement does not have adequate probable cause to obtain a search warrant to have Ms. Smith produce a DNA sample, but police know that Ms. Smith’s brother does not like his sister and would gladly provide a familial DNA sample if asked. DNA samples of people who are related are likely to contain similarities. If the police obtain a DNA sample from the brother, even though they have insufficient evidence to implicate Ms. Smith, why might this procedure concern civil rights advocates?

2) There are two schools of thought regarding the purpose of the criminal justice system—one advocating the crime control model and the other advocating the due process model. How do they differ? Which one do you prefer? Justify your opinions.

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3) Some advocate that judges, even those on the United States Supreme Court, should be strict constructionists, having a rigid reading and interpretation of the law. Take an opposing view, and justify your answer.

4) Some commentators feel that the appointment of Supreme Court justices by the chief executive (the President of the United States) ensures that the Supreme Court will always be a political body, voting politically on cases that come before it. Do you agree? Why or why not?

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