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Question: Describe the three tiers of scrutiny used to evaluate laws that rely on suspect classifications. Do you agree or disagree with these three tiers, and why? What would you change about them were you given the chance to do so?

25 Oct 2022,10:07 PM

 

Question 1: Select one of the following key concepts from our study of the United States legal system, and discuss its history, evolution, and role in the United States legal system. Discuss whether you think your chosen concept has made our legal system better, worse, or a
combination of both.


 Common law
 Stare decisis
 Judicial review
 Separation of powers
 Federalism


Question 2: Describe the three tiers of scrutiny used to evaluate laws that rely on suspect classifications. Do you agree or disagree with these three tiers, and why? What would you change about them were you given the chance to do so?
***
For the next two questions, read the following articles from Reuters and the New York Times. https://www.nytimes.com/2021/10/21/us/alecbaldwin-shooting-rust-movie.html
https://www.reuters.com/world/us/alec-baldwin-says-he-didnt-pulltrigger-gun-fatal-movie-set-shooting-2021-12-01/
Do not rely on information from any other source besides the above article, the textbook, and our in-class lectures when answering the
following questions.

Question 3: Assume the injured director files a civil negligence claim against Alec Baldwin. Discuss whether he will be successful. Use the
IRAC format. In your application section, discuss whether the husband might consider suing anyone else, and why.


Question 4: A prosecutor wants to criminally charge Alec Baldwin with violating a statute prohibiting first degree murder, because the cinematographer shot by Baldwin died. Assume the New Mexico statute defines first degree murder as: “The intentional killing of another person by someone who has acted willfully, deliberately, or with planning.” Discuss the prosecutor’s burden of proof, and whether he will be successful. Use the IRAC format.

Expert answer

 

There are three tiers of scrutiny used to evaluate laws that rely on suspect classifications. The first tier is strict scrutiny, which is used when the law discriminates based on race or ethnicity. The second tier is intermediate scrutiny, which is used when the law discriminates based on gender or alienage. The third and final tier is rational basis review, which is used when the law does not discriminate based on any protected characteristic.

 

I agree with these three tiers of scrutiny because they provide a way to evaluate how harmful a law may be. For example, if a law only affects people of a certain race or ethnicity, then it is more likely to be discriminatory and should be subject to strict scrutiny. On the other hand, if a law only affects people of a certain gender or alienage, then it is less likely to be discriminatory and should only be subject to intermediate scrutiny. Finally, if a law does not discriminate against any protected characteristic, then it is even less likely to be discriminatory and should only be subject to rational basis review. This tiered system provides a way to balance the need for protection against discrimination with the need for laws that are necessary and effective.

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