essay to adress a question until 08/08/19 (law school)

UNIVERSITY OF MIAMI

School of Law

Fall 2019

TO: Students in Criminal Procedure (016 T)

FROM: Professor Donald Jones

SUBJECT: Textbook, First Class Assignment

The text in this class will be Allen, Stuntz, Hoffman, Livingston, Leipold, and Meares,

Criminal Procedure: Investigation and Right to Counsel, Third Edition (2016). Unless

otherwise stated all assignments will be to the textbook.

The following is the first assignment for our first session on Monday, August 12th @

11:00am-12:20pm. Please bring your printed essay to class and give to Prof. Jones.

Session 1: Required Readings

Entick v. Carrington and Three Other King's Messengers, 19 Howell's State

Trials, 1029 (1765) (on TWEN); Florida v. Riley, 488 U.S. 445 (1989) (on

TWEN) and on pg. 357 in textbook; Kyllo v. U.S., 533 U.S. 27 (2001) (on

TWEN) and Mobley v State, 346 Ga. App. 641 (2018) (on TWEN).*

After doing the reading, write a short essay 300-1000 words addressing one

or more of the following questions:

(1) What are the core, initial assumptions about limitations on state power vis-a-vis individual rights?

(2) What are the current core concerns? Is there continuity? Tension? (3) Many scholars say there are two competing schools or models of

interpretation. Are there? If there are, how would you characterize the

models?

Suggested readings: U.S.C.A. Const. Amend. 1-10; People v. De Fore, 242

N.Y. 13 (1926); Weeks v. United States, 232 U.S. 383 (1914); Abraham

Goldstein, Reflections On Two Models: Inquisitorial Themes in American

Criminal Procedure, 26 Stanford 1009 (1974); John Langbein, Torture and

Plea Bargaining, 58 Public Interest 43, (1980).

*This case was appealed to the Supreme Court: See Mobley v. State, 2019 Ga. S. Ct. Briefs

Lexis 250 (Brief of Appellant); Mobley v. State, 2018 Ga. S. Ct. Briefs Lexis 790 (2018).