Should there be a statute of limitations on a defendant raising this issue? Why or why not?
Answer all questions with the chapter provided plus an additional 2 outside sources. The questions answered using the attached chapter should be cited with page numbers.
Please answer all the following questions.
In 1965 Justice Tom Clark, writing for the Supreme Court in Estes v. Texas, observed that “trial by television is …foreign to our system.” Evaluate Justice Clark’s statement in light of contemporary attitudes toward communications technology. (The issue of free press v. fair trial is discussed in your book on p. 601 and from pp. 611-614).
1) How does this view comport with contemporary attitudes towards communications technology? Are we more desensitized? Are we more used to being bombarded with communications technology and/or being recorded?
2) What are the competing constitutional interests in allowing or not allowing TV cameras in the courtroom? Which of the Bill of Rights are implicated and WHY? (Think about Amendments 1 (freedom of press/speech), 5 (due process), 6 (speedy/public trial, impartial jury), and 14 (due process). They are contained at pages 747-750 of your book).
3) Please list at least two arguments for, and at least two arguments against, allowing television cameras in the courtroom, AND which ultimate conclusion is most justified by those arguments in your view.
4) Finally, please discuss one famous case where TV cameras were allowed in the courtroom, either from your book or from outside research. Do you think media coverage in this case was beneficial or a distraction, and why?
Post-conviction relief is discussed on pages 712-720 in your book. For this discussion the most important pages are 718-720.
1) What happened in House v. Bell (2006) on page 720? Why did the Supreme Court decide that case the way they did?
2) Do you think the ability of a convicted defendant to obtain DNA testing rises to an issue of due process of law (meaning they are entitled to it)? In other words, should people almost always have the right to DNA testing? Why or why not?
3) Should there be a statute of limitations on a defendant raising this issue? Why or why not?
4) Does Congress have a role to play in legislating a standardized process concerning DNA testing throughout the country, or should this be left to state legislatures and courts? What are the main arguments in support of your position?
Scheb, J. M., & Scheb, J. M. (2014). Criminal law and procedure. Wadsworth Cengage Learning.