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Title: INTRODUCTION TO LAW ENFORCEMENT AND CRIMINAL JUSTICE, 8th Edition Chapter 2 The American Quest for F


1
INTRODUCTION TO LAW ENFORCEMENT AND CRIMINAL
JUSTICE, 8th EditionChapter 2The American Quest
for Freedom and Justice Our Laws
  • By Henry M. Wrobleski and Kären M. Hess

2
Our Complex System of Laws
  • Form written or unwritten common law
  • Source constitutional, statutory, case
  • Parties involved public, private
  • Offense criminal, civil

3
Types of Law
  • Social or Moral Law
  • Precedent
  • Common Law
  • Case Law
  • Statutory Law
  • Constitutional Law
  • Ordinary Law
  • Federal
  • State
  • Ordinances

4
Order of Authority of Law
  • U.S. Constitution
  • Treaties with Foreign Powers
  • Acts of Congress
  • State Constitutions
  • State Statutes
  • Common Law/Case Law

5
The First Amendment
  • Congress shall make no law respecting an
    establishment of religion, or prohibiting the
    free exercise thereof or abridging the freedom
    of speech, or of the press or the right of the
    people peaceably to assemble, and to petition the
    Government for a redress of grievances.
  • Freedom of Religion
  • Freedom of Speech
  • Freedom of the Press
  • Freedom of Peaceable Assembly
  • Freedom of Petition

6
The Second Amendment
  • A well regulated Militia, being necessary to the
    security of a free State, the right of the people
    to keep and bear Arms, shall not be infringed.
  • Gun ownership issues
  • The Brady Law

7
The Fourth Amendment
  • The right of the people to be secure in their
    persons, houses, papers, and effects, against
    unreasonable searches and seizures, shall not be
    violated, and no Warrants shall issue, but upon
    probable cause, supported by Oath or affirmation,
    and particularly describing the place to be
    searched, and the persons or things to be
    seized.
  • Requires probable cause
  • Forbids unreasonable search and seizure
  • Exclusionary Rule
  • Weeks v. United States
  • Mapp v. Ohio

8
The Fifth Amendment
  • No person shall be held to answer for a capital,
    or otherwise infamous crime, unless on a
    presentment or indictment of a Grand Jury, except
    in cases arising in the land or naval forces, or
    in the Militia, when in actual service in time of
    War or public danger nor shall any person be
    subject for the same offence to be twice put in
    jeopardy of life or limb nor shall be compelled
    in any criminal case to be a witness against
    himself, nor be deprived of life, liberty, or
    property, without due process of law nor shall
    private property be taken for public use, without
    just compensation.

9
The Fifth Amendment
  • Guarantees
  • Due process substantive procedural
  • Prohibits
  • Double jeopardy
  • Self-incrimination

10
The Sixth Amendment
  • In all criminal prosecutions, the accused shall
    enjoy the right to a speedy and public trial, by
    an impartial jury of the State and district
    wherein the crime shall have been committed,
    which district shall have been previously
    ascertained by law, and to be informed of the
    nature and cause of the accusation to be
    confronted with the witnesses against him to
    have compulsory process for obtaining witnesses
    in his favor, and to have the Assistance of
    Counsel for his defence.

11
The Sixth Amendment
  • Establishes requirements for criminal trials
  • A speedy public trial by an impartial jury of
    ones peers
  • Be informed of the nature and cause of the
    accusation
  • Be confronted with and able to cross-examine
    witnesses against ones self
  • Subpoena witnesses in ones defense
  • Be represented by legal counsel

12
The Eighth Amendment
  • Excessive bail shall not be required, nor
    excessive fines imposed, nor cruel and unusual
    punishments inflicted.
  • Bail
  • Cruel and unusual punishment issues regarding
    the death penalty

13
The Ninth Amendment
  • The enumeration in the Constitution, of certain
    rights, shall not be construed to deny or
    disparage others retained by the people.
  • Government powers are limited by the rights of
    the people
  • Griswold v. Connecticut (1965) zones of privacy

14
The Tenth Amendment
  • The powers not delegated to the United States by
    the Constitution, nor prohibited by it to the
    States, are reserved to the States respectively,
    or to the people.
  • Embodies the principle of federalism

15
The Fourteenth Amendment
  • Section 1.All persons born or naturalized in
    the United States, and subject to the
    jurisdiction thereof, are citizens of the United
    States and of the State wherein they reside. No
    State shall make or enforce any law which shall
    abridge the privileges or immunities of citizens
    of the United States nor shall any State deprive
    any person of life, liberty, or property, without
    due process of law nor deny to any person within
    its jurisdiction the equal protection of the
    laws.

16
The Fourteenth Amendment
  • Selective Incorporation Doctrine
  • only those provisions of the Bill of Rights
    fundamental to the American legal process are
    applicable to the states through the due process
    clause
  • the Second Amendment remains nonincorporated
    (i.e., not made applicable to the states)
  • Due Process
  • Specifically orders state and local officers to
    provide the legal protections of due process.
  • Equal Protection
  • all people are created equal

17
Criminal Law
  • Felony
  • a serious crime
  • generally punishable
  • by death or imprisonment for more than one year
  • Misdemeanor
  • a minor offense generally punishable by a fine or
    a short term of confinement, usually less than
    one year

18
To prove a crime has been committed, it is
usually necessary to prove
  • Actus reus material elements of the criminal
    act
  • Mens rea criminal intent

19
Criminal vs. Civil
  • Crime
  • Public wrong
  • State prosecutes
  • Seeks to punish
  • Criminal intent required
  • Tort
  • Private wrong
  • Individual prosecutes
  • Seeks redress for injury
  • Intent not necessary

20
42 U.S.C. 1983
  • Anyone acting under the authority of local or
    state law who violates another persons
    constitutional rights even though they are
    upholding a law can be sued.
  • (Section 1983 of 42 U.S. Code)

21
Police Power
  • Police power is derived from the U.S.
    Constitution, U.S. Supreme Court decisions,
    federal statutes, state constitutions, state
    statutes, state court decisions and various
    municipal charters and ordinances.
  • Police power ultimately rests with the people
    because their elected representatives create the
    laws that the police enforce.
  • Police power is restricted by the Constitution,
    the 14th Amendment, and the courts.
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