CONSTITUIONAL LAW FOR CRIMINAL JUSTICE

Course Textbook

Harr, J. S., Hess, M. H., &Orthmann, C. H. (2012).Constitutional law and the criminal justice system (5th ed.). Belmont, CA: Wadsworth.

RESEARCH PAPER

The change in the Fifth Amendment right to remain silent since Miranda v. Arizona (1966)

Unit V - Research Paper Draft

The research paper draft should be a minimum of 300-500 words. The draft should be submitted in the APA Style. You must include an APA formatted reference list with a minimum of three sources.

Unit VII - Final Research Paper

The final research paper should be a minimum of 5-7 pages in length. The cover page, abstract and the reference list page are not part of the overall page count. The research paper needs to be submitted in the APA style, with APA citations and a properly formatted reference list.

Case Brief

United States v. Drayton (2002)

The case brief should be a minimum of 3-5 pages in length.

Begin by researching and reading your selected case in its entirety at http://scholar.google.com. Next, you will brief this case by following the requirements outlined in the below PDF.

https://online.columbiasouthern.edu/CSU_Content/courses/Emergency_Services/BCJ/BCJ3950/13I/UnitII_BriefingaCasePPT.pdf

ASSESSMENT

1. How did the powers given in the Articles of Confederation contrast with those given in the Constitution?

2. How is the power of the executive branch checked by that of the legislative and judicial branch?

3. What are some of the functions that a legal system provides to society, and how does the U.S. legal system address these needs?

4. Give the pros and cons for local police forces enforcing immigration laws.

5. Explain the facts and the Supreme Court's opinion in Plessy v. Ferguson.

6. Why was the Fourteenth Amendment still necessary once the slaves had been freed?

7. Discuss gender discrimination and the Fourteenth Amendment. What is the standard of review in cases where gender discrimination is an issue? Use appropriate case law as evidence.

8. What is the reasoning behind affirmative action programs? How have these programs been modified to address constitutional concerns? Use appropriate case law as evidence.

9. Discuss two proposed amendments to the U.S. Constitution, and the arguments for and against their passage. Use case law as evidence.

10. Legal opinions can be discussed in popular, professional, and scholarly literature. What are some examples of each and the strengths and weaknesses of each type of source?

11. Describe how one might efficiently and effectively research an area of law?

12. Describe the difference between the Supreme Court's original and appellate jurisdiction. Explain which area of jurisdiction is more significant and why.

13. Explain how a drug case in a federal district court could come to be heard by the Supreme Court. List the steps that it would have to go through to be heard by the full Court.

14. What is considered a "liberal" or "conservative" justice, and how do they tend to vote on particular issues?

15. Explain the establishment and rationale behind the Supreme Court's power of judicial review as it relates to governmental entities. What are the arguments for and against this type of review?

16. Why would it be important to know which or how many justices voted for the majority opinion on a Supreme Court case?

17. Explain the "fruit of the poisonous tree doctrine."

18. Discuss what officers can and cannot do regarding the treatment of both the driver and the passenger during a traffic stop. Be sure to cite relevant case law.

19. Discuss which types of roadblocks and checkpoints are legal or illegal. Be sure to cite relevant case law.

20. Define and compare the bright-line approach and the case-by-case method of determining reasonableness.

21. Discuss what constitutes state action for purpose of the Fourth Amendment?

22. Define and give examples of observational and informational probable cause.

23. What is the difference between searches and seizures under the Fourth Amendment?

24. What remedies, other than the exclusionary rule, could be used to discourage police misconduct in violating the Fourth Amendment?

25. What is the difference between "fresh pursuit" and "hot pursuit," and when may the police engage in each?

26. How does a police "stop" differ from an arrest?

27. Discuss the continuum of contacts between individuals and the police and the constitutional requirements, if any, for each type of contact.

28. Find and give the holding of a Supreme Court case that discusses what "public use" or "taking" means under the Fifth Amendment.

29. What standard did the Supreme Court use to determine the voluntariness of a confession prior to Miranda?

30. Discuss the facts of the first confession case decided by the Supreme Court and the standard used by the Court in this case.

31. Has Miranda completely replaced the voluntariness standard for confessions? Why, or why not?

32. Explain the public safety exception to Miranda.

33. Describe five differences between a grand jury and a jury at a trial.

34. When is a defendant considered in custody for purposes of Miranda? Discuss two Supreme Court cases that address this issue.

35. How does a defendant invoke his right to remain silent after given Miranda warnings? Discuss two Supreme Court cases where the defendant did or did not effectively invoke that right. Use case law and cite sources with in-text citations where relevant.

36. Discuss two cases where the Fourteenth Amendment protected not just state citizens but non-residents and aliens.