cj 4700
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School
Kean University *
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Course
4700
Subject
Political Science
Date
Dec 6, 2023
Type
docx
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1
Uploaded by PrivateFinchPerson644
1.
Why does Justice Felix Frankfurter conclude that the police violated Rochin’s due process rights?
Pump man’s stomach against will. Rochin swallowed drug capsules to dispose of evidence. The
police pummeled him and jumped on his stomach in a vain effort to make him throw up. They
took him to a hospital where a doctor was instructed by the police officers to administer an emetic
by forcibly passing a tube into Rochin's stomach. He vomited the capsules and was convicted
based on the evidence produced from his vomit.
2.
Are you persuaded by Justice Frankfurter’s argument that the determination of the content of due
process is an “objective” rather than a “subjective” process?
yes
3.
What other police practices would “shock the conscience”?
Extensive use of force, lack of due process, violation of someone’s fourth amendment right.
4.
Justice Frankfurter compares the police conduct in Rochin to the involuntary confessions in
Brown v. Mississippi. He writes that the Supreme Court cannot credibly “hold that in order to
convict a man, the police cannot extract by force what is in his mind but can extract what is in his
stomach.” Do you agree with the judge’s comparison?
No
5.
Summarize the view of Justice Hugo Black. What is his criticism of the fundamental fairness
test?
He was considered a literalist or textualist, who believed that “Congress shall make no law”
meant no law with respect to the First Amendment. He forcefully rejected the idea of substantive
due process, which had been at the center of many of the battles between Roosevelt and the Court
prior to Black’s appointment.
Black took an absolutist approach to First Amendment jurisprudence, believing the first words of
the Amendment that said, "Congress shall make no law..." Black rejected the creation of judicial
tests for free speech standards, such as the tests for "clear and present danger," "bad tendency,"
"gravity of the evil," "reasonableness," or "balancing." Black would write that the First
Amendment is "wholly 'beyond the reach' of federal power to abridge... I do not believe that any
federal agencies, including Congress and the Court, have power or authority to subordinate
speech and press to what they think are 'more important interests.'"
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