Law
Cruzan VS Missouri Department of Health Essays

Question Description

I’m trying to study for my Law course and I need some help to understand this question.

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?

Please remember to list your references in Bluebook or APA format.

Note that your essay answer should contain a minimum of 400 words.

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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?

_________________________________________________________________________________________________

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?

Student has agreed that all tutoring, explanations, and answers provided by the tutor will be used to help in the learning process and in accordance with Studypool's honor code & terms of service.

Final Answer

Attached.

Running head: 301 ESSAYS

1

301 Essays

Student’s Name

Institutional Affiliation

Date

301 ESSAYS

2
Essay 1: Cruzan v. Missouri Department of Health

Facts
Cruzan had a motor accident that left her in a "poor state" and needed to be sustained for weeks
using artificial feeding using gastronomy tube. When it was clear that Cruzan could not improve,
the parents requested the removal of the life-support processes the state facility was offering.
However, both the facility and the state court declined to comply with the request. After trial, the
Supreme Court refused the termination of life support since the parents could not provide
evidence that Cruzan would have selected to decline treatment.
Issue
The issue at hand was whether the due process provision in the 14th Amendment allowed
Cruzan’s parents to decline life-support intervention on their child in her interest and behalf.
Further, the court sought to determine if Missouri’s procedural need for clear and convincing
evidence of an incompetent person’s wish to end life support before its termination violated the
constitution.
Holding & Reasoning
In a majority ruling, the judges ruled that while persons have the liberty to decline
treatment as prescribed in the due process provision, individuals who are not competent could
not exercise these rights. The court found that clear and convincing evidence was absent from the
parents that Cruzan wished to have the treatment withdrawn (Oyez, n.d). Therefore, the court
opined that Missouri's actions aimed at preserving human life were within the constitution. The
court was categorical that the family did not offer any guarantees that it was acting in the best
interests of the incompetent patients. Decisions to withdraw treatment from the patient were

301 ESSAYS

3

irreversible, and therefore, the court reasoned that the state had present enough...

Kishnewt2017 (32439)
University of Maryland

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