Shock your conscience

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1. Does the police conduct in this case "shock your conscience"? Why or why not?

2. Are "shocks the conscience," offending the "community's sense of fair play and decency," "traditions and conscience of our people," and "those canons of decency and fairness which express the notions of justice of English speaking peoples" purely a matter of personal opinion, or are they objective tests? Explain.

3. Summarize how Justice Frankfurter defines and defends the fundamental fairness doctrine.

4. Summarize how Justice Black defines and defends the incorporation doctrine.

5. Which doctrine is better? Back up your answer with the facts of the case and the arguments of the majority and concurring opinions.

Reference no: EM133235106

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