{"id":34090,"date":"2023-09-19T10:27:59","date_gmt":"2023-09-19T10:27:59","guid":{"rendered":"https:\/\/www.goodacademic.com\/blog\/questions\/if-the-court-imposes-the-death-penalty-against-the-accused-is-it-constitutional\/"},"modified":"2023-09-19T10:27:59","modified_gmt":"2023-09-19T10:27:59","slug":"if-the-court-imposes-the-death-penalty-against-the-accused-is-it-constitutional","status":"publish","type":"questions","link":"https:\/\/www.goodacademic.com\/blog\/questions\/if-the-court-imposes-the-death-penalty-against-the-accused-is-it-constitutional\/","title":{"rendered":"If the court imposes the death penalty against the accused, is it constitutional?"},"content":{"rendered":"

Composing an oral argument to an Appellate Panel<\/span>.<\/span> <\/span>Your goal is to present for 8-10 minutes.<\/strong> <\/span><\/span>Too short or too long will be a loss of points.<\/strong> <\/span>You are to argue persuasively why the death penalty is unconstitutional which is supported by case law and your own logical presentation.<\/span><\/p>\n

I’ve attached the case brief that be utilized for refrence as well as in depth instructions on how the oral argument is supposed to be prsented.<\/span><\/p>\n


<\/span><\/p>\n

<\/span><\/p>\n

Oral Presentation (20 points – given during Week Four) <\/b>I anticipate an oral presentation of 8-10 minutes<\/b>. You will be addressing an ‘appellate panel of justices’ (me and any of your colleagues who view your presentation) and will do a short Q&A afterwards. <\/p>\n

1. <\/span>You will argue (8-10 minutes) to an appellate panel “WHY THE DEATH PENALTY IS UNCONSTITUTIONAL”. <\/b>There have been a number of cases challenging the death penalty as a violation of the Eighth Amendment’s ‘cruel and unusual’ punishment. You should have ample case law\/court decisions supporting the above, as well as opposing views. YOU are to argue that the death penalty is unconstitutional. <\/b><\/p>\n

2. <\/span>The oral presentation is based upon the analyses of your Written Brief. <\/b>3. <\/span>Grading is easy: 1. <\/span>8-10 minutes (grade reduction if less <\/i>than 8-minutes or more <\/i>than 10- minutes), 2. <\/span>responding to any Q&A’s in a competent manner, <\/p>\n

3. <\/span>citing case law and relevant court decisions supporting your argument<\/p>\n

<\/p>\n

Here are a few thoughts based on prior classes: <\/p>\n

\u2022 <\/span>Do NOT use PowerPoint or other visual resources.<\/p>\n

\u2022 <\/span>Justices are interested in the facts of the matter (IRAC) and not in PowerPoints. So for now – and it may change by the time you graduate from law school(!), no visual aids…just talking.\u201d <\/p>\n

\u2022 <\/span>Do NOT \u2018read\u2019 your brief to the court. You may, of course, rely on notes but only for support. You are not persuasive if you are merely reading a paper. <\/p>\n

\u2022 <\/span>Focus on the ‘un-constitutionality’ of the death penalty and exclude any discussion of why <\/i>the death penalty was imposed. It was imposed and you are now arguing why the death penalty should be overturned on constitutional grounds…not on any factual issues related to the crime. <\/p>\n

\u2022 <\/span>We can assume that at this appellate level you are not arguing the merits of the conviction, but rather strictly on the un-constitutionality of the death penalty. <\/span><\/p>\n


<\/span><\/p>\n

**Utilize Westlaw or LExisNexis. *** <\/span><\/p>\n","protected":false},"excerpt":{"rendered":"

Composing an oral argument to an Appellate Panel. Your goal is to present for 8-10 minutes. Too short or too long will be a loss of points. You are to argue persuasively why the death penalty is unconstitutional which is supported by case law and your own logical presentation. I’ve attached the case brief that be utilized for […]<\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"open","ping_status":"closed","template":"","meta":[],"disciplines":[224],"paper_types":[],"tagged":[],"aioseo_notices":[],"_links":{"self":[{"href":"https:\/\/www.goodacademic.com\/blog\/wp-json\/wp\/v2\/questions\/34090"}],"collection":[{"href":"https:\/\/www.goodacademic.com\/blog\/wp-json\/wp\/v2\/questions"}],"about":[{"href":"https:\/\/www.goodacademic.com\/blog\/wp-json\/wp\/v2\/types\/questions"}],"author":[{"embeddable":true,"href":"https:\/\/www.goodacademic.com\/blog\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/www.goodacademic.com\/blog\/wp-json\/wp\/v2\/comments?post=34090"}],"version-history":[{"count":0,"href":"https:\/\/www.goodacademic.com\/blog\/wp-json\/wp\/v2\/questions\/34090\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.goodacademic.com\/blog\/wp-json\/wp\/v2\/media?parent=34090"}],"wp:term":[{"taxonomy":"disciplines","embeddable":true,"href":"https:\/\/www.goodacademic.com\/blog\/wp-json\/wp\/v2\/disciplines?post=34090"},{"taxonomy":"paper_types","embeddable":true,"href":"https:\/\/www.goodacademic.com\/blog\/wp-json\/wp\/v2\/paper_types?post=34090"},{"taxonomy":"tagged","embeddable":true,"href":"https:\/\/www.goodacademic.com\/blog\/wp-json\/wp\/v2\/tagged?post=34090"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}