2 Short Criminal Law Papers (2-3 Pages each)

**Write 2-3 Pages for each Essay**
1st Essay:
1. A defendant who is on probation for a drug-related offense is required to refrain from drug use during his probationary period. He is required to submit a urine test once a month to determine whether he has used drugs within the last 30 days. During a casual conversation, prior to the test, the defendant tells his probation officer that he drove his car to the probation office. The test reveals traces of a controlled substance in the defendants bloodstream. Upon questioning by the probation officer, the defendant admits to having used crack cocaine a few hours prior to the visit. Answer the following questions:

– Should the defendant be charged with violating his probation? Why, or why not?

– Should he be charged with driving under the influence? Why, or why not?

2nd Essay:
2. You are a state Supreme Court judge hearing a case in which two adult male homosexuals, who have been in a relationship for more than 12 years, are being charged under state sodomy laws. They were arrested when police officers obtained arrest warrants based on probable cause that they were committing sodomy in their home. The men argue that their sexual relations are private and consensual and that these charges violate their rights under the First and Fourth Amendments. Answer the following questions:

– Are their First Amendment rights being violated? Why, or why not?

– What about their Fourth Amendment rights? Why, or why not?

– What are your options as a judge in your states highest court? Which option will you choose, and why?

*Due to Personal opinions regarding LGBTQ relations, please defend the rights of the homosexual couple as best you can*

***For these 2 essays:
YOU DO NOT NEED TO USE OUTSIDE SOURCES, JUST FEDERAL OR STATE (NEW JERSEY) STATUTES AND LAWS OR THE MODEL PENAL CODE***