Methodologies and Exclusionary Rules in the Legal Environment

1) In Duncan v. Louisiana (1968), the majority opinion of Justice White, the concurring opinion of Justice Black, and the dissenting opinion of Justice Harlan represent three distinct methodologies for deciding which provisions of the Bill of Rights are to be applied to the states via the Fourteenth Amendment. Identify and explain these three methodologies.

2) It is argued that the exclusionary rule was invoked by the Supreme Court because there was no other effective remedy to deter police misconduct. Does this still apply in today’s legal environment?

3) What would have been the practical legal and policy consequences for the United States in the late 1940s had Justice Black persuaded one more justice to join his opinion in Adamson v. California?

4) What position does Justice White advance in his concurring opinion in Katz v. United States? Is it consistent with his view of the Fourth Amendment that we find in his opinion in Chimel v. California? How? Explain.


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