Assignment:
Case Study
For this assignment, you will explore the concept of stare decisis and whether it is an inexorable command. Click the link to access "Is Stare Decisis an Inexorable Command?", and write a case study that answers, at a minimum, the questions listed below.
- What does the court mean when it says "Stare decisis is not an inexorable command; rather it is a principle of policy and not a mechanical formula of adherence to the latest decision"?
- What would it mean for the American system of criminal justice if stare decisis actually was an "inexorable command" or a "mechanical formula of adherence to the latest decision"?
Your case study will be a minimum of two pages in length, not counting the title and reference pages. (Your response to each question should be roughly 250 to 300 words.) Your case study should present an insightful and thorough analysis with strong arguments and evidence.You are required to use at least two outside resources, one of which may be your textbook. All resources used, including the textbook, must be referenced; paraphrased and quoted material must have accompanying citations. Your case study, including all references, will be formatted in APA style.
Readings:
Is Stare Decisis An Inexorable Command?
By Payne V. Tennessee