Reference no: EM131567670
Discussion Question 1: Due Process
The Due Process Clauses of the US Constitution seek to ensure that individuals are not deprived of life, liberty, or property by the government without due process under the law. Here, you will determine whether Tom was afforded those rights.
Tom, a 17-year-old, was driving home from a friend's house where he had a few drinks. He also had some drugs in his car that he intended to give to his cousin. He was stopped by the police and charged with Driving Under Influence, Possession of Illegal Substance, and Possession of Dangerous Substance with Intent to Distribute.
The police officer told him that if Tom pled guilty right away to the charges, the sentence would not be as harsh as it would be without the guilty plea. Tom agreed and on the second day, he went to court. He was convicted and charged with a $1,609 fine, 365 days of community service, and 3 months jail time.
Do you think Tom's due process was violated in this case? Search for answers in the legal authority, and discuss the violations, if any, and possible action that should be taken in such a situation.
Discussion Question 2: "Rights" Protected by the Constitution
The US citizens tend to believe they are afforded unlimited rights under the US Constitution and the violation of said rights allow for legal challenge. On this assignment, you will research which rights actually exist and how to pursue a valid constitutionally based action.
A woman buys a dress but after trying it at home, she decides to return it. The store manager however says that the store policy is strictly "no returns and no exchanges on dresses." The woman says that she was not aware of the policy and the manager says that it was stated on the receipt. The woman believes that stating the policy on the receipt is a trap because you learn about it only when you pay for the dress.
The customer claims that the store violated her "right" to be told about the policy before the purchase.
Very often in situations such as these Americans claim they have "rights" without knowing whether or not the rights they claim are protected or even mentioned in the Constitution.
Analyze the given situation and discuss whether the customer had any rights and whether her rights are protected by the Constitution.
Examine how US citizens perceive the term "rights." Compare it with the actual definition of rights.