Discussion 1 530

Discussion #1

300 words 2 references

Due 8/21/2023

1. The Supreme Court in  Duncan v. Louisiana, 391 U.S. 145 (1968), held that the right to a jury trial is a fundamental right incorporated to the States through the 14th Amendment.  Part of the Court's reasoning emphasized the necessary protections afforded to the accused.  The Supreme Court subsequently ruled in,  District Attorney's Office v. Osborne, 557 U.S. 52 (2009), that an accused does not have a due process right under the United States Constitution to obtain evidence for the purpose of conducting DNA testing to prove actual innocence.  

a.  Is the above statement a complete and accurate assessment of the holdings in  Duncan and  Osborne?  Explain.  

b.  If the Due Process Clause is designed to protect the rights of an accused, how do you reconcile the holdings in  Duncan and  Osborne?  

2.  The Supreme Court in  Roe v. Wade, 410 US 113 (1973), held that the Due Process Clause includes an inherent "right to privacy" of which affords women the right to choose to have an abortion.  This reasoning followed in a long line of cases addressing the fundamental right to privacy.  The Supreme Court recently overruled  Roe in  Dobbs v. Jackson Women's Health Organization, 597 US ____ (2022), and held that the right to an abortion is not a fundamental right protected by the Due Process Clause.  

a.  Is  Dobbs limited to issues surrounding abortion, or does it challenge prior court holdings establishing the fundamental right to privacy? 

b.  If the impact of  Dobbs minimizes the fundamental nature of the right to privacy, what impact could this have in the field of criminal justice? Explain.