Case Study 2: Ballew v. Georgia, 435 U.S. 223 (1978)

The Fourth Amendment of the U.S. Constitution limits the power of the police to make arrests, search people and their property, and seize objects and contraband, such as illegal drugs or weapons. These limits are the bedrock of search and seizure law and are ultimately at the root of your right to privacy.

Analyze the following case in preparation for a systematic approach to your synthesis of law and fact:

• Ballew v. Georgia, 435 U.S. 223 (1978) located at http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=case&court=us&vol=435&page=223.

Write an eight to ten (8-10) page paper in which you:

1. Prepare a two to three (2-3) page briefing on the case that you reviewed in which you utilize the following areas of importance: a) issue presented; b) short answer; c) the facts of the case; d) a summary of the case; and e) a conclusion of the case outcome.
2. Discuss the historical background behind the right to a twelve (12) person jury under the Sixth Amendment to the U. S. Constitution. Provide relevant examples of such historical importance to support your response.
3. Analyze the role of the jury, as defined by the Sixth Amendment to the U.S. Constitution.
4. Discuss the fundamental protections available to a defendant under the Fourth Amendment as they relate to the concept of liberty, to the American system of jurisprudence, and to the right to a twelve (12) person jury. Provide a rationale for your response.
5. Support or oppose the following quote from Phoebe C. Ellsworth, Law Professor at the University of Michigan: “Ideally, the knowledge, perspectives, and memories of the individual members are compared and combined, and individual errors and biases are discovered and discarded, so that the final verdict is forged from a shared understanding of the case.” Justify your response.
6. Use at least two (2) quality references. Note: Wikipedia and other Websites do not qualify as academic resources.

Your assignment must follow these formatting requirements:

• Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; citations and references must follow APA or school-specific format. Check with your professor for any additional instructions.
• Include a cover page containing the title of the assignment, the student’s name, the professor’s name, the course title, and the date. The cover page and the reference page are not included in the required assignment page length.

The specific course learning outcomes associated with this assignment are:

• Illustrate the workings of the adversary system.
• Use technology and information resources to research issues in U.S. Courts.
• Write clearly and concisely about U.S. Courts using proper writing mechanics and APA style conventions.

Grading for this assignment will be based on answer quality, logic/organization of the paper, and language and writing skills, using the following rubric.

Click here to view the rubric.