Ashford University Constitution Essay

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Law

ashford university

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Essay 1

A.  Briefly summarize the facts, issue, holding and reasoning in Cruzan v. Missouri Department of Health

B. Do you believe that the Constitution adequately protects the right of privacy?  If so, what aspects of privacy receive protection? In other words, what aspects of everyday life are considered private and protected by the Constitution and when can the government Constitutionally infringe on one's right to privacy?
 

Essay 2

A.  Explain in detail the Right to Counsel found in the 6th Amendment.

B.  Briefly summarize the facts, issue, holding and reasoning in Strickland v. Washington.  How does Miranda v. Arizona relate to this case? 

C.  If you are accused of a crime, do you need an attorney? Please explain why. What are the advantages and disadvantages to having a lawyer? What does it mean to be presumed innocent until proven guilty?
 

Essay 3

A. The Court in Roper v. Simmons said it is unconstitutional to execute persons who were 17 at the time of their crimes.  Are persons who are 18 much more responsible than 17-year-olds?  Why draw the line at 17?

B. Briefly summarize the facts, issue, holding and reasoning in the Roper case. 

C. How does the Roper case affect the  Graham v. Florida ruling? 

     

Explanation & Answer:
4 pages
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Explanation & Answer

Hey there! Attached is your final essays. Let me know if you need anything else :)

Running head: FINAL ESSAYS

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Final Essays
Student’s Name
Institutional Affiliation

FINAL ESSAYS

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Essay 1: Cruzan v. Missouri Department of Health

Facts
Following a motor accident, the petitioner, the defendant, left her in a “unstable state”
and had to be sustained on artificial feedings for many days. Officials from Missouri state
hospital declined an attempt by Nancy’s parents to ending the life-support system without court
approval. The parents sued the officials for violation of due process clause of the law. In its
ruling, the state's Supreme Court held that the state's policy on the due process was important as
opposed to Cruzan's right to decline treatment.
Issue
Did the Due Process Clause allow Cruzan’s parent to decline life-supporting treatment on behalf
of their child?
Holding & Reasoning
In a simple majority of five to four judges, the court decided that while person has the
right to decline treatment, incompetent individuals could not enjoy such liberties. In its
reasoning, the court asserted that no “clear and strong” evidence existed to show that Cruzan
desired the sustenance to be taken away. The court asserted that Missouri’s actions aimed at
protecting human life were constitutional. The judges reasoned that no guarantees existed to
demonstrate that family members would all the time act in the best wishes of their incompetent
members. The court stated that because erroneous actions to end treatment were not reversible,
the state demonstrated beyond a reasonable doubt that they had a fiduciary duty to protect lives.
B. Right to Privacy
The right of privacy is an implied right because the constitution does not have an express
provision detailing how this right is enjoyed. However, courts have consistently demonstrated

FINAL ESSAYS

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that several amendments to the constitution guarantee the right to privacy. These include the
First, Third, Fourth, Fifth, and the Ninth Amendments (FindLaw, n.d). For instance, the First
Amendment provides t...


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