hapter 1 – U.S. v. Apple
Exactly what is Apple asking for in its motion?
List Apple’s arguments to support its motion.
Some of the best lawyers in the country crafted these powerful arguments on both sides of the balancing ideal. Recall that balancing refers to securing public safety for the whole community while protecting the liberty and privacy of every individual in the community (see p. 6). Assume you’re the judge who has to rule on where to strike the balance. Announce your decision, and write an opinion explaining it.
Chapter 2 – Rochin v. California
Why did the police actions violate Rochin’s due process?
Does the police conduct in this case “shock your conscience”? Why or why not?
Are “shocks the conscience,” offending the “community’s sense of fair play and decency,” “traditions and conscience of our people,” and “those canons of decency and fairness which express the notions of justice of English speaking peoples” purely a matter of personal opinion, or are they objective tests? Explain.
Summarize how Justice Frankfurter defines and defends the fundamental fairness doctrine.
Summarize how Justice Black defines and defends the incorporation doctrine.
Which doctrine is better? Back up your answer with the facts of the case and the arguments of the majority and concurring opinions.