Onstitutional Law Research Paper (Mock Case Study aka Memorandum of the Law)
Due: May 3rd by Midnight
Possible Points: 10
You will be assigned a case. You will be assigned to represent either the prosecution or the defense. You will do research and find at least 3 cases to support your position. At least one of those cases should be a New York State case, as you will be arguing your case in New York State. (**other cases need to be supreme court cases please**)
In a 5-7 paged memo, double i??spaced, 12 point font, Times New Roman font, you should write your memo. Include a cover page and use APA format for the cover page. It should be titled, i??Memorandum of Law.i?? You should include a Reference page at the end of your memo. Use proper APA format. Finally, you should include citations throughout your work, and they should be in APA format, as well. If you do not include citations throughout your Memo AND a Reference page at the end of the Memo, your grade will be reflective of that on your Grading Rubric and your final Project grade will be reduced by 0.5 . If you do not include either the Reference page citations or the citations within the body of the paper, you will receive a grade of 0 on the paper. The page limit does not include the title page and reference page. You should have, at a minimum, 5 pages from the point you begin your section on the facts until your conclusion.
In your memo, you should begin with an Introduction, then a section entitled, i??Facts of the Case.i?? Outline the relevant facts in this section. Then, your next section should be i??Legal Analysis.i?? In this section, you will outline the relevant case law that supports your position. Use the facts and weave them into the law you find. Your arguments should be persuasive and your writing clear and concise. You may not find cases right on point. This is expected. You need to analyze the cases you find and determine what the best arguments are for your client. Distinguish your cases from cases that are not good for you, and find similarities between your case and others that are good for you. Make the most persuasive argument for your position. There are strong arguments for each side for all of the fact patterns that will be given out. End your memo with a Conclusion.
Mock Situation-CONSTITUTIONAL LAW
Tom Murray is a detective in Schenectady. He is really angry that a defendant, Sam Marks, who is a convicted sex offender, was released on Parole early. He has a history of molesting children who are less than 10 years old. The police do a Sex Offender Sweep, and when they go to the defendanti??s house to ensure he is living where he reported he was living, Tom went to the door of his house to check on him. Sam answered the door and did not appear to be doing anything wrong. He was respectful to Tom and the entire meeting took about 5 minutes.
After Tom left, he went to the police department. He wrote an affidavit documenting what he did. However, when he swore to tell the truth in that affidavit, he didni??t. Tom wrote that Sam Marks was not living in the house he indicated he was going to be living in. He said no one was living there on the date he visited. The place appeared to be abandoned. Although there was furniture there, the mail was piling up and it appeared the defendant, who was prohibited from leaving town without the permission of his Parole Officer, was not living there. If the defendant moved in the next day or a week later, that was a violation of Megani??s Law because he reported he would be living there on the date in question when Tom visited.
As a result of Tomi??s affidavit, he got a search warrant to search the residence to see if there was any indication of where Tom was and to confirm that he was breaking the law. The day after the warrant was signed, Tom was going to execute the warrant with some other detectives. Unfortunately, he had a family emergency and had to rush to the hospital for a family member. The detectives Tom worked with executed the warrant without him. They found hundreds of images of child pornography in Sami??s bedroom, and there was evidence that he was communicating with young children on the Internet. He was arrested for violating Parole and for possession of child pornography. The officers who executed the warrant did not know that Tomi??s affidavit was based on lies.
The defense attorney moved to suppress the evidence because the warrant was not supported by probable cause.
You are for the PROSECUTION