Fourth Amendment Essays (Examples)

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Consequences of Police Violating the 4th Amendment

Words: 606 Length: 2 Pages Document Type: Essay Paper #: 16532129

Fourth Amendment Violations

4th Amendment Violations

Fourth Amendment Violations and Recourse

The Fourth Amendment to the Constitution of the United States provides for "the right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures…," but says nothing about what a court should do if those rights are violated. ("U.S. Constitution: Amendment 4") The Supreme Court of the United States has developed what is known as the "Exclusionary Rule," which bars any evidence obtained through an unconstitutional search from trial against the defendant. But his is not the only recourse for those who have been the victims of unconstitutional searches and seizures. The court has also decided that in certain cases, the victims may sue the authorities for damages in civil court.

It was in 1961, during the case of Mapp v. Ohio where the Supreme Court set the precedent that any…… [Read More]

Works Cited

Bivens v. Six Unknown Named Agents, 403 U.S. 38. Supreme Court of the United

States. 1971. Findlaw. Web. 6 Dec. 2012.

http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=us&vol=403&invol=388

Mapp v. Ohio, 367 U.S. 643. Supreme Court of the United States. 1961. Oyez Project
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First Amendment Rules for the

Words: 1425 Length: 4 Pages Document Type: Essay Paper #: 60478913



The media has brought many important issues to life for the American public. For example, during the American civil rights movement, many areas of the country that had been hesitant to endorse full equality for African-Americans were horrified when they saw their fellow Americans being beaten simply for demanding their rights. The media was also highly influential in mobilizing the American public against the Vietnam War. Pictures showed more powerfully than words the terrible carnage and suffering generated by the conflict and the lack of progress that American military involvement was generating in Vietnam, despite the loss of many lives. Conversely, the media has also had a highly negative influence upon American opinion when it distorts the facts, such as when it inflamed opinion during the Spanish-American War and the McCarthy era, causing Americans to believe the propaganda disseminated in ostensibly objective venues.

The media can also have a more…… [Read More]

References

Aron, Leon. (2011). Everything you think you know about the collapse of the Soviet Union was wrong. Foreign Policy. Retrieved September 4, 2011 at http://www.foreignpolicy.com/articles/2011/06/20/everything_you_think_you_know_about_the_collapse_of_the_soviet_union_is_wrong?page=0,3

First Amendment. (2011). Annotated constitution. Cornell Law. Retrieved September 4, 2011 at http://www.law.cornell.edu/anncon/html/amdt1efrag4_user.html

Fourth Amendment. (2011). Annotated constitution. Cornell Law. Retrieved September 4, 2011

At http://www.law.cornell.edu/anncon/html/amdt4frag1_user.html#amdt4_hd4
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Supreme Court Second Amendment Case

Words: 1678 Length: 5 Pages Document Type: Essay Paper #: 92259243

District of Columbia v. Heller Case Brief

Case Facts: The District of Columbia Code prohibited carrying an unregistered firearm and banned the registration of handguns through its provisions. However, the provisions granted the chief of police the liberty to grant one-year licenses for handguns. Additionally, the Code required individuals owning legitimately registered firearms to keep them unloaded and disassembled or with locked trigger unless they were in business places or being utilized for legalized recreational activities.

A special police officer in Washington, D.C., Dick Anthony Heller, was permitted to carry a handgun while on duty. He applied for a one-year registration license from the city of Washington for a handgun he wanted to keep at home. Based on the provisions of the District of Columbia Code, Heller's application was rejected. Consequently, he sued the District of Columbia on the premise that the provisions of this Code violated the Second Amendment.…… [Read More]

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First Amendment the Constitution and the Supreme

Words: 2383 Length: 7 Pages Document Type: Essay Paper #: 5017596

First Amendment, the Constitution, and the Supreme Court

Freedom of and from religion and freedom of speech are the distinct provisions of the First Amendment; it gives citizens of the United States the unalienable human right to assembly and speech. However, the language is intentionally vague. The framers of the Constitution, anticipating unknown applications of the amendment, gave power to the Supreme Court to act as ultimate arbiter in matters involving its provisions. The Constitution of the United States is a living document and the interpretation of its amendments by the Supreme Court changes over time. Freedom of speech and the press, and religious freedom, are exercised according to the Supreme Court's rulings in cases that come before it. Exploration of these cases illuminates the evolving meaning of the First Amendment and the freedoms granted therein.

The First Amendment to the Constitution is partially designed to protect journalists and news-content…… [Read More]

References

Abrams, F. (2005). Speaking Freely: Trials of the First Amendment. New York, NY:

Penguin Group (USA).

Campbell, D.S. (1990). The Supreme Court and Mass Media: Selected Cases,

Summaries, and Analyses. Westport, CT: Praeger Publishers.
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Analyzing the Forth Amendment

Words: 6920 Length: 20 Pages Document Type: Essay Paper #: 92815852

4th Amendment's evolution and history, together with the "search and seizure" law.

4th Amendment Background

People's rights of being secure in personal effects, papers, houses and persons, against unreasonable seizures and searches, may not be breached, nor shall any warrants be issued, but in case of probable cause, which is supported by affirmation or oath, and describes, particularly, the place that must be searched, or the things or individuals that should be seized, under the 4th Amendment. Like most fields in U.S. law, the English common law forms the principal basis of the 4th Amendment. Broadly, it was created for limiting governmental powers and their capacity of enforcing legal actions upon citizens (4th Amendment - constitution -- Laws.com). Amendment IV was implemented in immediate reaction to the historical writ of assistance's abuse. This writ was a sort of general governmental search warrant employed in the American evolution's era. Amendment IV…… [Read More]

References"

(n.d.). Annenberg Classroom. The Right to Protection against Illegal Search and Seizure. Retrieved April 27, 2016, from  http://www.annenbergclassroom.org/Files/Documents/Books/Our%20Rights/Chapter_15_Our_Rights.pdf 

(n.d.). Arizona Defense Attorney James E. Novak Law Blog -- Legal discussions and observations with Arizona Criminal Defense Attorney James E. Novak. Requirements and Exceptions to Lawful Search Warrants in Arizona -- Legal discussions and observations with Arizona Criminal Defense Attorney James E. Novak. Retrieved April 26, 2016, from http://blog.novakazlaw.com/2013/01/requirements-and-exceptions-to-lawful-search-warrants-in-arizona/

Boyd v. United States, 116 U.S. 616 (1886)

(n.d.). Conservative Policy Research and Analysis. Guide to the Constitution. Retrieved April 25, 2016, from http://www.heritage.org/constitution/#!/amendments/4/essays/144/searches-and-seizures
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4th 5th 6th Amendments Safeguarding

Words: 665 Length: 2 Pages Document Type: Essay Paper #: 66566432

' Schmerber, 384 U.S. At 772, 769-70. In other words, the burden on law enforcement officers is high if they want to perform a search within the Fourth Amendments' protections.

The Fifth Amendment guarantees that no American "shall be compelled in any criminal case to be a witness against himself." Confessions are inherently suspect, and methods of getting confessions have not always been reliable. In modern times, police forces have professional standards produced by respect for the Constitution. Police realize that society in general abhors the use of involuntary confessions and wants to limit police power against individual citizens. The Fifth Amendment also reinforces the idea that while police officers are enforcing the law they also need to follow the law and play fair. "In the end, life and liberty can be as much endangered from illegal methods used to convict those thought to be criminals as from the actual…… [Read More]

Works Cited

Hobbs, Howard, JD, PhD. "Fifth Amendment Review." American Law Review. May 5, 2001. Retrieved from the web on February 20, 2011 at  http://www.americanlawreview.com/fifth_amend_review.html 

Means, Randolph B. "Interrogation Law…Reloaded: The Two Rights to Counsel." The Police Chief. February 2001. Retrieved from the web on February 20, 2011 at http://www.policechiefmagazine.org/magazine/index.cfm?fuseaction=display_arch&article_id=171&issue_id=122003
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School Policy Involving Students 4th Amendment Rights

Words: 1672 Length: 6 Pages Document Type: Essay Paper #: 82657472

School Policy Involving Students' 4th Amendment ights

Some of the nation's public schools are beginning to resemble medieval fortresses with armed guards stationed at entrances equipped with metal detectors. Although these steps have helped to prevent the introduction of weapons onto school grounds, more problematic are other types of contraband that inevitably find their way into the nation's schools, including tobacco, alcohol and drugs of all types, as well as pornography. When school officials believe violations of laws or school rules have been committed, they must of course take action to address such violations but there are some important issues that must be taken into account concerning when such searches are permissible and how they can be conducted in order to pass 4th Amendment muster. To determine what these issues are and how they affect school policies involved students' 4th Amendment rights, this paper provides a review of the relevant…… [Read More]

References

Imber, M. & Van Geel, T. (2004). A teacher's guide to education law. Mahwah, NJ: Lawrence

Erlbaum Associates.

Johnston, L.D., O'Malley, P.M., Bachman J.G., & Schulenberg, J.E. (2005). Monitoring the future study: National survey results on drug use, 1975-2004. Volume I: Secondary

school students (NIH Publication No. 05-5727). Bethesda, MD: National Institute on Drug Abuse.
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Evolution of the 4th Amendment

Words: 1847 Length: 7 Pages Document Type: Essay Paper #: 30405120

invasion of privacy under the fourth amendment. It briefly looks into the changes that have come about in this law and also the way that it is enforced.

The invasion of privacy is something that is taken very seriously in the United States of America and it is for this reason that the fourth amendment encompasses all areas in this respect, and safeguards the rights of all individuals. Although it is not very clear if this law is uniform or not because there appear to be cases where there has been exceptions to what the 4th amendment really says. For the past thirty years or more, innocent people traveling in different states have been pestered through no fault of their own. The police however believe that it is through this means of spot-checking that they have been largely successful at recovering weapons and drugs being transported around the country. ut…… [Read More]

Bibliography:

1. Erowid The 4th Amendment and Related Supreme Court Decisions, 2002 http://www.erowid.org/freedom/police/police_supreme4th.shtml

2. Author not available, Landmark Legal Opinions, 2002 http://www.questioneddocuments.com/legal.html

3. Author not available, Supreme Court Cases and Decisions, 2002 http://members.rotfl.com/accox/nbsuprem.html

4. Author not available, Knowles vs. Iowa, 2002 http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=U.S.&vol=000&invol=97-7597
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The First Amendment

Words: 1235 Length: 3 Pages Document Type: Essay Paper #: 32763326

First Amendment

Shutting Mosques, Trump and First Amendment

The proposal by trump, at its very core, would seek to sanction a religious institution by virtue of the adherence of its members to certain religious beliefs. Indeed, this is exactly what the first amendment speaks against. The first amendment protects religious freedom and outlaws anything that would bar the free exercise of one's religion of choice. It is referred to as the Free Exercise Clause. Trump could say that he only sought to sanction the mosques that propagate what he refers to as radical Islam. However, he did not provide any evidence of activity or advocacy on any mosques.

The crucial right to religious freedom is enshrined in the U.S. constitution's first amendment. It states that Congress is bound not to make any law that respects establishment of a given religion or stops the free exercise of religious practice. The Free…… [Read More]

References

Dreisbach, D.L. & Hall, M.D. and Morrison, J. (2009). The Forgotten Founders on Religion and Public Life Notre Dame, IN: University of Notre Dame Press.

Dreisbach, D.L. and Hall, M.D. (2009). The Sacred Rights of Conscience: Selected Readings on Religious Liberty and Church-State Relations in the American Founding. Indianapolis, IN: Liberty Fund Press.

Emerson, T.I. (1963). Toward a General Theory of the First Amendment, Yale Law Journal, vol. 72, no. 5, pp. 877 -- 956.

Kabala, J. S. (2013). Church-State Relations in the Early American Republic, 1787-1846. London: Pickering and Chatto.
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Fifth Amendment Miranda Issues the

Words: 1097 Length: 4 Pages Document Type: Essay Paper #: 18072062

The fact that Fred was eventually allowed to leave is less important in that determination than Fred's state of mind and reasonable belief about whether or not he was still free to leave once the police informed him that he was actually a suspect in Wilma's murder (Dershowitz, 2002; Zalman, 2008).

Search and Seizure and Unlawful Arrest Issues:

The fact pattern does not make clear whether or not the police actually conducted a search of Fred's home or were merely "bluffing" to induce cooperation from Fred. Assuming that no such unwarranted search was actually being conducted, there was no impermissible search and seizure of Fred's home. Provided Fred still (reasonably) believed that he was free to terminate the interview and leave when he volunteered the confession, that evidence should not be excluded under Miranda (and related) doctrine and principles.

However, the police did seize Fred's vehicle, which was an impermissible…… [Read More]

References

Dershowitz, A. (2002). Shouting Fire: Civil Liberties in a Turbulent Age. New York:

Bantam Books.

Friedman, A. (2005). A History of American Law. New York: Touchstone.

Schmalleger, F. (2008). Criminal Justice Today: An Introductory Text for the 21st
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First Amendment vs National Security

Words: 1074 Length: 3 Pages Document Type: Essay Paper #: 20338623

DNC Scenario

The author of this report is to answer to three major questions as it relates to the DNC scenario advanced by the story that preceded it. The first question is the legal claims relating to the use of the LAD. The second question is the basis that should be used to deny Amnesty International from getting their permit and the implications that this could cause. The final question requires the identification and analysis of any legal claims that might arise if Greenpeace has a protest in the shopping mall and how pat-downs and other security measures may lead to legal or protest-related issues. While the Miami and other personnel have a responsibility to keep the peace and keep people safe, they need to tread very carefully when limiting free speech and/or freedom of assembly as well as over-aggressive use of less-lethal technologies and interventions that can still maim…… [Read More]

References

Granick, J. (2014, March 20). Obama Press Attacks Degrade the First Amendment In The Name of Security. Forbes. Retrieved June 26, 2014, from http://www.forbes.com/sites/jennifergranick/2014/03/20/obama-press-attacks-degrade-the-first-amendment-in-the-name-of-security/

Hutchinson, B. (2013, April 16). Boston Marathon bomb devices were pressure cookers filled with nails, ball bearings: report. NY Daily News. Retrieved June 26, 2014, from  http://www.nydailynews.com/news/national/boston-marathon-bomb-devices-made-pressure-cookers-filled-nails-ball-bearings-report-article-1.1318278 

Stephens, A. (2012, July 24). A Closer Look at Less-than-Lethal Weapons Fired at Anaheim Residents on Saturday Afternoon. Navel Gazing. Retrieved June 26, 2014, from http://blogs.ocweekly.com/navelgazing/2012/07/naui_huitzilopochtli.php
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Equal Protection

Words: 1550 Length: 5 Pages Document Type: Essay Paper #: 88849960

Amendments to the Constitution

In any criminal cases, the individual will be arraigned before the judge. This is when they will be informed about the charges and given the chance to enter a plea. Once this takes place, is the point a preliminary hearing is scheduled. It focuses on the evidence and if there is enough to warrant a trail. If the judge is convinced there is enough evidence, they will schedule a date and time for a jury trial. This is when there will be series of hearings challenging the discovery process, the evidence and any that could have been collected in violation of the Constitution. In these situations, the judge will rule on the evidence and determine which items can be included at trial. During the process, both sides will call witnesses and try to prove their case. (Hess, 2014) (Parpworth, 2012)

At the heart of these issues…… [Read More]

References

Hess, J. (2014). Constitutional Law and the Criminal Justice System. Mason, OH: Southwestern.

Parpworth, N. (2012). Constitutional and Administrative Law. Oxford: Oxford University Press.

Stering, R. (2004). Police Officers Handbook. Sudbury, MA: Jones & Bartlett.

Strauss, D. (2010). The Living Constitution. New York, NY: Oxford University Press.
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21st Amendment and Its Impact

Words: 1727 Length: 6 Pages Document Type: Essay Paper #: 15865460

S. Constitution began yet another short-lived experiment with prohibition, only this time it was on a national level. hen it went into effect in January 1920, efforts to repeal the 18th Amendment began almost immediately. In a whirlwind of legislative activity, the 21st Amendment was ratified by the requisite number of states in record time. In their haste to repeal the 18th Amendment, though, lawmakers failed to consider the impact of section two as it might apply to interstate commerce in the Age of Information, but given the heated nature of the debate at the time, they can perhaps be forgiven this legislative oversight in the 21st century. All in all, though, the research clearly showed that the U.S. Constitution remains a living document that is capable of responding to changes in American society.

orks Cited

Bryce, Jenny. (2000). "Prohibition in the United States." History Review, 37.

Eng, Gordon. (2003).…… [Read More]

Works Cited

Bryce, Jenny. (2000). "Prohibition in the United States." History Review, 37.

Eng, Gordon. (2003). "Old Whine in a New Battle: Pragmatic Approaches to Balancing the Twenty-First Amendment, the Dormant Commerce Clause, and the Direct Shipping of Wine." Fordham Urban Law Journal 30(6):1849.

Kyvig, David E. Law, Alcohol, and Order: Perspectives on National Prohibition. Westport, CT: Greenwood Press, 1985.

Livingston, William S. Federalism and Constitutional Change. Oxford: Clarendon Press, 1956.
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Mapp v Ohio Over the Centuries There

Words: 1073 Length: 3 Pages Document Type: Essay Paper #: 2387117

Mapp V. Ohio

Over the centuries, there has been considerable debate as to the application of the Bill of ights when it comes to the states. This is because a series of court cases decided it was only relevant when it came to the federal government (i.e. Barron v. Baltimore and United States v. Cruickshank). However, with the passage of the Fourteenth Amendment, these states were obligated to follow them. This has shifted the debate as to if this aspect of the Constitution is relevant to state and local officials. To determine if this is correct requires examining a fictional case in contrast with Mapp V. Ohio. This will be accomplished by carefully studying the facts of the case, the Fruit of the Poisonous Tree Doctrine (under Mapp V. Ohio), the application of the rule of law and discussing how this would affect the ruling from the fictitious scenario. Together,…… [Read More]

References

Barron V. Baltimore. (2007). Constitution.org. Retrieved from:  http://constitution.org/ussc/032-243a.htm 

The Fourth Amendment and the Exclusionary Rule. (2012). Find Law. Retrieved from:  http://criminal.findlaw.com/criminal-rights/the-fourth-amendment-and-the-exclusionary-rule.html 

Mapp V. Ohio. (2010). Cornell School of Law. Retrieved from: http://www.law.cornell.edu/supct/html/historics/USSC_CR_0367_0643_ZO.html

US V. Cruickshank. (2010). Find Law. Retrieved from: http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=92&invol=542
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Acquainted With the Law Various Law Terms-3

Words: 1149 Length: 4 Pages Document Type: Essay Paper #: 11966271

Acquainted With the Law

Various Law Terms-3

Insider Trading

This is either legal or illegal (Priebe, 2012). It is legal and legitimate when corporate officers, directors and shareholders of at least 10% of the outstanding stock of the business. They file the required information with the Securities and Exchange Commission at regular periods (Priebe).

Illegal Insider Trading

This is conducted by trusted person but violates that company's trust (Priebe, 2012). The person is usually someone who enjoys fiduciary trust in working for and keeping the best interest of the company or its shareholders. He may be an officer, a director or an outsider who has access to confidential information about the company. That outsider may be the company's banker, auditor, or lawyer. In general, he is an insider who gives or receives inside information or tips (Priebe).

Characteristics of the Inside Information

It must be important and private (Priebe, 2012).…… [Read More]

BIBLIOGRAPHY

Daniels, R. (2012). First property domain laws. eHow: Demand Media, Inc. Retrieved on June 19, 2012 from http://www.ehow.com/facts_8009319_first-property-domain-laws.html

Menamos, J. (2012). Why are hate crimes difficult to prosecute? eHow: Demand Media,

Inc. Retrieved on June 19, 2012 from http://www.ehow.com/info_8769064_hate-crimes-difficult-prosecute.html

Montoya, D. (2012). How has the exclusionary rule impacted criminal cases? eHow:
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Criminal Justice Law

Words: 1144 Length: 4 Pages Document Type: Essay Paper #: 54908866

Fourth Amendment of the Constitution is designed to protect the right of the people to live in privacy. As such, it concerns itself with security against illegal or unjustified searches and seizures, as well as the inappropriate levying of warrants. However, the potential conflict that this amendment commonly incites against law enforcement practices causes much debate over specific application of its provision.

In the case of Dopey v. The People of the State of California, the defendant has invoked the amendment, contesting that his conviction on charges of drug trafficking was invalid to the fashion in which officers obtained the evidence. Upon careful examination of the case, and based on the nature of precedent, Dopey's assertion is correct. Both the cash found in his house and the cocaine found in his car were collected by law enforcement in violation of the Constitution.

According to the "exclusionary rule," first invoked by…… [Read More]

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Counter-Terrorism and Social Media Freedom vs Security

Words: 5692 Length: 20 Pages Document Type: Essay Paper #: 49775496

Counter-Terrorism and Social Media: Freedom vs. Security

The United States prides itself to being the most democratic nation of the world, with the highest respect for the human being, for its values, norms, and dreams. At the same time, before 9/11, it was also considered to be one of the safest nations of the world. The attacks on the World Trade Center towers, in particular pointed out that there are gaps in security and that even the United States represent a vulnerable target. Since then, the security measures have been seriously increased, in certain areas of expertise; security rules have been created if they did not exist. All these measures fueled a constant debate on whether the security that has been increased affects or not the liberties and freedoms of the American population.

On May 1st 2011, Osama bin Laden has been announced dead by the U.S. President, arack Obama…… [Read More]

Bibliography

CNN Wire Staff. (2011) "Bin Laden killing caps decade-long manhunt." CNN Asia.  http://edition.cnn.com/2011/WORLD/asiapcf/05/02/bin.laden.dead/index.html?hpt=T2 

Cook, Martin L. (2001) Ethical Issues in Counterterrorism Warfare. Department of Command, Leadership, and Management. U.S. Army War College. May 3, 2011  http://ethics.sandiego.edu/Resources/PhilForum/Terrorism/Cook.html 

Cornell University Law School. (N.d.) Michigan Dept. Of State Police v. Sitz. 1990. http://www.law.cornell.edu/supct/html/historics/USSC_CR_0496_0444_ZS.html

Cornell University Law School. (N.d.) Terry v. Ohio. 1967. May 3, 2011 http://www.law.cornell.edu/supct/html/historics/USSC_CR_0392_0001_ZS.html
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American Government Politics

Words: 2631 Length: 10 Pages Document Type: Essay Paper #: 93279002

American Government Politics. Discussed is the fourth amendment and the current policies of searches and seizures. Four sources used. Footnotes.

Fourth Amendment

Americans hold very dear the Bill of Rights. Among the ten amendments that make up the Bill of Rights is the Fourth, one many refer to as the most ambiguous of the all the amendments. Search and seizure law is drawn from the Fourth and over the years the Supreme Court has come to view that its main purpose is the protection of a citizen's property and privacy. However, according to the conclusion of the Court, the Fourth Amendment does not "protect all property interests or apply to all situations where people might wish to protect their privacy." Perhaps, never has this amendment felt more threatened than today. The attacks on the orld Trade Center on September 11th, spurred the hite House Administration to create the office of…… [Read More]

Works Cited

Civil Rights Reduced." Denver Rocky Mountain News. April 28, 2001.

McWhirter, Darien A. Search, Seizure, and Privacy: Exploring the Constitution.

Greenwood Publishing Group. October 1994.

Rosen, Jeffrey. " Liberty Wins - So Far; Bush Runs Into Checks and Balances in Demanding New Powers." The Washington Post. September 15, 2002.
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Democratic-Republican National Convention DRNC Case

Words: 1664 Length: 5 Pages Document Type: Essay Paper #: 77276516

The decision as to which protests should be permitted needs thorough evaluation in this particular case.

The Amnesty International protest proves to be at a safe enough distance from the convention and is also a more secure situation, where police and other law enforcement can better keep suspicious bags and packages from entering the area. However, there could be a number of legal claims if the Committee grants a permit to Greenpeace to conduct a protest at the shopping mall. There is a possibility that protesters might spill into the roadway adjacent to the American Airlines Arena, where the Conference is taking place. Due to the fact that it is so close, it would be difficult to keep people from entering that area from the protest, which could be a danger to all the attendees and politicians inside. If the permit is granted, police can not lawfully conduct pat downs…… [Read More]

References

ACLU. (2011). Bystander sues the city of Pittsburgh over pain and hearing loss caused by the use of Long-Range Acoustic Device at G-20 protest. Press Room. Web. http://www.aclupa.org/pressroom/bystandersuespittsburghove.htm

ACLU North Carolina. (2012). Right to protest. Democrats.com. Web.  http://www.democrats.com/right-to-protest 

Knoxville News-Sentinel. (2004). First Amendment Zones restrict free speech. Common Dreams. Web. http://www.commondreams.org/views04/0125-02.htm

McKechnie, Douglas B. (2011). Don't daze, phase, or lase me bro! Fourth Amendment excessive-force claims, future nonlethal weapons, and why requiring an injury cannot withstand a constitutional or practical challenge. Kansas City Law Review, 60(2011), 139-192.
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Student Freedoms

Words: 1104 Length: 3 Pages Document Type: Essay Paper #: 25490244

limits that should be placed upon search and seizure in public schools.

Apply specific legal rulings to support your position.

Analyze the New Jersey v. T.L.O. case and explain how it supports or undermines your argument.

Recommend changes to existing (specific) laws to create a fairer educational setting in terms of search and seizure.

It seems to me that search and seizure of student and faculty member possession should be scrupulously directed by the Fourth Amendment and the Fifth Amendment and that searches conducted on students should be implemented with the same dignity and in the same manner as they are conducted on faculty members. Research shows that schools are becoming increasingly restrictive in their investigation and that they, frequently, fail to protect even the basic Fourth Amendment privacy rights of the students (Berger, 2003)

The Fourth Amendment prohibits "unreasonable" searches and seizures. It is concerned with the manner that…… [Read More]

Sources

Berger, R (2003) The "Worst of Both Worlds": School Security and the Disappearing Fourth Amendment Rights of Students Criminal Justice Review Autumn 28 2 336-354

Beyer, D. (1997) School Safety and the Legal Rights of Students. ERIC Clearinghouse on Urban Education. ERIC/CUE Digest, Number 121.

Pinard, M (2003) From the Classroom to the Courtroom: Reassessing Fourth Amendment Standards in Public School Searches Involving Law Enforcement Authorities Ariz. L. Rev., 24, 1

The Center for Public Education. Search and seizure, due process, and public schools  http://www.centerforpubliceducation.org/Main-Menu/Public-education/The-law-and-its-influence-on-public-school-districts-An-overview/Search-and-seizure-due-process-and-public-schools.html
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Patriot Act the USA Patriot

Words: 1638 Length: 5 Pages Document Type: Essay Paper #: 15458465

com. etrieved on November 24, 2004 from http://slate.msn.com/id/2088161/

'The U.S.A. PATIOT Act: Preserving Life and Liberty." (2003). Department of Justice. etrieved on November 24, 2004 from http://www.lifeandliberty.gov/

Note: Synopsis and outline are on next page

The PATIOT Act: Synopsis and Outline

The USA Patriot Act, which was signed as law in the wake of the 9/11 terrorist attacks gives sweeping powers of search and surveillance to the law enforcing agencies and is aimed at eliminating the terrorist activities in the U.S. The Department of Justice and the Bush administration claim that the Patriot Act has been instrumental in preventing further terrorist attacks in the U.S. after 9/11. However, the Civil libertarians claim that the Act severely compromises the civil liberties granted in the U.S. constitution and violates the due process law of the Fourth Amendment.

Outline:

Introduction:

Provides basic information about the U.S.A. PATIOT Act and a 'contract statement' of…… [Read More]

References

'Bush Sees Patriot Act Renewal As Key Goal." (2004). The Associated Press. Nov. 12, 2004. Retrieved on November 24, 2004 from http://abcnews.go.com/Politics/wireStory?id=248010

"EFF Analysis of the Provisions of the U.S.A. PATRIOT Act That Relate To Online Activities." (2003). Electronic Frontier Foundation. October 27, 2003. Retrieved on November 24, 2004 from http://www.eff.org/Privacy/Surveillance/Terrorism/20011031_eff_usa_patriot_analysis.php

Halperin, Jason. (2003). "Patriot Raid." AlterNet. April 29, 2003. Retrieved on November 24, 2004 from http://www.alternet.org/story/15770/

Lithwick, Dahlia and Turner, Julia. (2003). "A Guide to the Patriot Act, Part 1." Slate.com. Retrieved on November 24, 2004 from http://slate.msn.com/id/2087984/
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Rights of Individuals

Words: 1053 Length: 3 Pages Document Type: Essay Paper #: 16288381

Protecting Liberty

Individual rights

Bill of ights defines the protections afforded individual citizens under the Constitution against excessive government intrusions into private lives and arbitrary prosecutions. These rights are contained in the Fourth, Fifth, Sixth, and Fourteenth Amendments to the U.S. Constitution. Since these Amendments were first adopted by the ratifying states the courts have interpreted the intent of each and created rules that attempt to keep the government from running roughshod over these rights. In 1944, the Federal ules of Criminal Procedures were generated by the Supreme Court and Congress turned them into law (LII, 2010).

One of the most important rights is to be free from unreasonable searches and seizures under the Fourth Amendment (LII, 2010). A warrant issued by a magistrate or judge is typically required before a police officer can enter a private citizen's residence or other property and conduct a search. In addition, the focus…… [Read More]

References

ACLU (American Civil Liberties Union). (2002, Mar. 4). The Bill of Rights: A brief history. ACLU.org. Retrieved 17 Sep. 2013 from https://www.aclu.org/racial-justice_prisoners-rights_drug-law-reform_immigrants-rights/bill-rights-brief-history.

Bilz, Kenworthy. (2012). Dirty hands or deterrence? An experimental examination of the exclusionary rule. Journal of Empirical Legal Studies, 9(1), 149-171.

LII (Legal Information Institute). (2010). Criminal procedure. Legal Information Institute, Cornell University Law School. Retrieved 17 Sep. 2013 from http://www.law.cornell.edu/wex/criminal_procedure.

Wilson, Melanie D. (2010). An exclusionary rule for police lies. American Criminal Law Review, 47(1), 1-55.
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California vs Greenwood

Words: 1095 Length: 3 Pages Document Type: Essay Paper #: 47212329

California Versus Greenwood

The Facts

The police in Greenwood's local area suspected him of conducting illegal drug trade from his residence. The police did not have any evidence to secure a search warrant in his residence. So, they decided to rummage through the garbage he had left for pick up at the curb of his residence. They uncovered evidence that suggested drug abuse. They used the evidence to successfully secure a search warrant. They proceeded to search his house and arrested him and charged him for felony (Minor, 2-4). The search was illegal. The subsequent debate for scholars and critics alike was on whether the search without a proper warrant amounted to a violation of the Fourth Amendment.

The case under review touched on the protections extended by the law in the 4th Amendment including the exclusionary limits. The question arises on what exactly the limit of an individual's privacy…… [Read More]

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Healthcare -- Legal Issues Medical

Words: 2029 Length: 7 Pages Document Type: Essay Paper #: 70244625

1993). Within medical settings in particular, physicians and supervisors are often too over-burdened with their myriad formal responsibilities to take note of minor irregularities in protocols and procedures. Because coworkers are often in the best possible situation to notice inadequacies, it is important for all levels of employees to be equally involved in the overall CQI process.

Optimal implementation of an effective CQI process also requires a culture of openness to suggestion and confidentiality with respect to reporting more serious issues such as those that result from negligence or willful misconduct on the part of co-workers.

11. The textbook states that "an organization's most vital component in costly resource is its staff." With this being the case, the human resource function plays a very important role. Should the human resource function be part of the senior management team?

In terms of policy implementation and organizational philosophy, the human resources function…… [Read More]

References

Horine, P.D., Pohiala, E.D., Luecke, R.W. (1993) Healthcare Financial Managers and CQI: Implementing Continuous Quality Improvement; Healthcare Financial Management.

Humphry, D. (1991) Final Exit: The Practicalities of Self-Deliverance and Assisted Suicide for the Dying. Secaucus: Carol Publishing

Russell-Walling, E. (2005) Fifty Management Ideas You Really Need to Know. London: Quercus
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U S Constitution the Effect That Ever Changing

Words: 1977 Length: 6 Pages Document Type: Essay Paper #: 54174002

U.S. CONSTITUTION

The effect that ever changing societal values have on the Supreme Court's interpretation of the U.S. Constitution

The effect that ever changing societal values have on the Supreme Court's interpretation of the U.S. Constitution

The effect that ever changing societal values have on the Supreme Court's interpretation of the U.S. Constitution

Constitution represents the supreme law that directs political, social, cultural, and economic aspects of the nation. All other laws must be in line with the constitution in order to be effective and efficient in their application. Social or societal values have continuous effects on the interpretation of the constitution. The main objective of the constitution is to protect the interest of the individuals in the society. This objective makes the constitution relevant to the societal values within the context of the United States of America. The societal values keep changing in the contemporary world thus resulting into…… [Read More]

References

Epps, G. (2008). Freedom of the press: The first amendment; its constitutional history and the contemporary debate. Amherst, N.Y: Prometheus.

Vile, J.R. (2010). A companion to the United States Constitution and its amendments. Santa Barbara, Calif: Praeger.

Epps, G. (2007). Democracy reborn: The Fourteenth Amendment and the fight for equal rights in post-Civil War America. New York: Henry Holt.

Chemerinsky, E. (2007). Interpreting the constitution. New York u.a: Praeger.
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Court Briefs - 7 Different

Words: 1075 Length: 4 Pages Document Type: Essay Paper #: 89470982

S. No. 04-1739 (2006)

Facts:

Issue(s):

Ruling:

Analysis:

Minority Rationale:

Comments:

wo examples of where rights are limited in the ownership of land or property:

Servitudes and easements are put into place...

Servitudes and easements can be protected by...

It is vital to protect Servitudes and easements because...

III. Intellectual Properties

Eric Eldred, Et Al., Petitioners V. John D. Ashcroft, Attorney General

U.S. 01 -- 618 (2003)

Facts:

Issue(s):

Ruling:

Analysis:

Minority Rationale:

Comments:

he differences between copyrights, trademarks, and patents include:

he title to real property is permanent, whereas some intellectual property is limited in the time that it is protected due to...

IV. Business and the Bill of Rights

Humana Inc., Et Al., Petitioners V. Mary Forsyth Et Al.

U.S. 97 -- 303 (1999)

Facts:

Issue(s):

Ruling:

Analysis:

Minority Rationale:

Comments:

he major difference between business speech and political speech is that...

Whether or not "Closely regulated industries…… [Read More]

Timothy Booth, Petitioner V.C.O. Churner et al." (2001). Retrieved 07 July 2006 at http://supct.law.cornell.edu/supct/search/display.html?terms=Administrative%20gency&url=/supct/html/99-1964.ZO.html.

What is the Difference Between a Copyright, Trademark and Patent?" (2006). Retrieved 08 July 2006 at  http://www.wisegeek.com/what-is-the-difference-between-a-copyright-trademark-and-patent.htm .

Court Briefs - 7 Different Cases
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Criminal Justice - Counterterrorism Counterterrorism

Words: 1353 Length: 4 Pages Document Type: Essay Paper #: 51099893

S. law. Legislation such as many elements of the U.S.A. PATRIOT ACT are problematic because they do not provide adequate controls to ensure that investigative methods and procedures appropriate under some circumstances cannot be used in circumstances where they are inappropriate under U.S. law.

4. What is the FISA Court? Explain how it works. What authorities can it grant law enforcement? How is it different from traditional courts? What concerns exist about expanding the use of FISA?

The Foreign Intelligence and Surveillance Act of 1978 (FISA) was established to regulate the use of surveillance by the executive branch of government in the wake of various unconstitutional investigations conducted by the Nixon administration in connection with monitoring political rivals and government opposition groups. The FISA Act authorized the covert monitoring of information and communication exchanges of entities of foreign governments engaged in espionage and intelligence collection activities in the U.S. pursuant…… [Read More]

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Policemen of the World

Words: 1462 Length: 4 Pages Document Type: Essay Paper #: 24376631

Policemen of the World:

By the beginning of the 20th Century, the United States has become the principal force in international relations. As a result of the growth of the country, some people argue that the American military operates as the world's police. In addition, the United States' elevated status has resulted in the occurrence of shifts and consequences that have not only changed the country but also had a significant impact on the rest of the world. The consideration of the United States military as the world's police is evident in its continual use to resolve several crises in different places across the globe. In the past few decades, the United States Army has been used in international incidents that are geared towards the fight against global terrorism. Moreover, successive American governments have used the military in international incidents to promote the security of its citizens across the borders.…… [Read More]

References:

Armstrong, B. (2010, June 18). Differences in American Foreign Policy After World War I and World War II. Retrieved November 22, 2013, from http://voices.yahoo.com/differences-american-foreign-policy-after-world-6233710.html?cat=37

Lantier, A. (2013, April 19). U.S. Deploys Troops to Jordan, Prepares to Invade Syria. Retrieved November 22, 2013, from  http://www.wsws.org/en/articles/2013/04/19/syri-a19.html 

"U.S. Military Involvement in Nigeria." (2009, September). African Security Research Project.

Retrieved November 22, 2013, from  http://concernedafricascholars.org/african-security-research-project/?p=83
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US Obligation to Privacy

Words: 1076 Length: 4 Pages Document Type: Essay Paper #: 40549015

Privacy & Civil Liberties

needs to communicate goals to the American public that include protecting the nation against threats to national security, ensuring the safety of citizens, friends, allies, and nations with cooperative relationships (Clarke, 2013). Promote national security and foreign policy interests, including counterintelligence, counteracting, and international elements of organized crime. Protect the right to privacy. Protect democracy, civil liberties, and the rule of law, eliminating excessive surveillance and unjustified secrecy. Promote prosperity, security, and openness in a networked world adopting and sustaining policies that support technological innovation globally and establish and strengthen international norms of Internet freedom and security. Protect strategic alliances that preserve and strengthen strategic relationships, protect those relationships, and recognize the importance of 'cooperative relationships'.

The U.S. government must protect national security and personal privacy that includes Fourth Amendment rights. Risk management should involve the rights to privacy, freedom and liberties on the internet and…… [Read More]

Works Cited

Clarke, R.A. (2013). Liberty and Security in a Changing World. The President's Review Group on Intelligence and Communications Technologies.
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Electro Communicate

Words: 605 Length: 2 Pages Document Type: Essay Paper #: 4233745

Advances in electronic communication have made it significantly easier for white-collar criminals to commit fraud. The crux of this point is based on the fact that virtually all aspects of electronic communication are stored and accessible to someone, somewhere. Anything a person does on the internet or via the telephone -- whether mobile or conventional phones -- is recorded and is able to be tracked. Thus, white-collar criminals simply need to gain access to this data since it is available in abundant amounts. Once they are able to access that data, they can successfully leverage relevant aspects of it to their advantage. For instance, they can take a credit card number and make purchases.

If I were a swindler I could use the increasing reliance on electronic communication to my advantage by breaching the secure information of a retail store such as Target and accessing credit cards, and using them…… [Read More]

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US vs Knights

Words: 905 Length: 3 Pages Document Type: Essay Paper #: 84982334

Fourth Amendment, which restricts searches pursuant to a probation circumstance to those with a 'probationary' purpose, removes any wrongdoing in the case of United States v. Knights with regards to warrantless searches. Often times there exists a thin balance between safeguarding citizens and observing probationers. Any observation made by law enforcement that might causes suspicion of a probationer can then translate into reasonable inquiry and therefore make it legal to perform searches without a warrant.

Under the circumstances of the case, the respondent, Knights was living under precise probationary limitations that allowed law enforcement to conduct a search of his person regardless of warrants. espondent came under suspicion after a vandalism spree occurred. A detective noticed the respondent and then searched and arrested him as a suspect.

His summary probation was a result of a drug charge. Because of this probation, and after he signed and agreed to submitting to…… [Read More]

References

Carper, D.L., Mietus, N.J., & West, B.W. (1999). Understanding the law. Cincinnati, Ohio: West Legal Studies in Business.

Karagiozis, M.F. (2005). Forensic investigation handbook: An introduction to the collection, preservation, analysis and presentation of evidence. Springfield: Charles C. Thomas Publisher, LTD.

Palmer, J.W. (1977). Constitutional rights of prisoners. Cincinnati: Anderson Pub. Co
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U S Constitution Criminal Justice and

Words: 2301 Length: 8 Pages Document Type: Essay Paper #: 36498372



The death penalty is not unconstitutional and is even mandatory for certain crimes with the judge and jury having little discretion in the matter in order to avoid violating the provision that prohibits 'cruel and unusual punishment' the methods used for execution of the death penalty should be humane and sensible. While the criminal may lack in possessing any compassion whatsoever that this complete lack of the ability to have or posses real compassion that resulted in their being sentenced to death is a consideration in the regard given those sentenced to death. Finally, there should be no lack of certainty that the individual being put to death was the perpetrator of the crime committed.

VI. The ISSUES & the DEATE[S]

The issues and debates surrounding the Fourth, Fifth, Sixth and Eighth Amendments to the U.S. Constitution are becoming more heated with each passing day and while the general public…… [Read More]

Bibliography

Constitution of the United States (nd) U.S. Government Printing Office (GPO) Access: Sixth Amendment Rights of Accused in Criminal Prosecution. Online available at http://www.gpoaccess.gov/

Rasmussen, David W. And Benson, Bruce L. (1994) the Economic Anatomy of a Drug War: Criminal Justice in the Commons. The Independent Review. Vol. 1, No. 2 Fall 1996. The Independent Institute.

Jones, Ben (2008) Sex Offenders May Get Special Tags. USA Today. 23 Oct 2008. Online available at http://www.usatoday.com/printedition/news/20070502/a_licenseplates02.art.htm
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FISA Improving Counterterrorism Through Modernization

Words: 4187 Length: 15 Pages Document Type: Essay Paper #: 85446657

FISA's recent rise to fame has been due to attempts by the Bush Administration to apply the law as justification for warrant-less wiretaps of U.S. citizens in apparent disregard of their Fourth Amendment protections. This issue will be examined in more detail below, however, it is important to first discuss some of the key court cases that help establish the Constitutionality of FISA. Specifically, this report will address three cases that directly feed into the Constitutional requirements of FISA: Olmstead v. U.S. (1928), Katz v. U.S. (1967), and U.S. v. U.S. (1972).

Olmstead v. U.S. (1928)

For the civil libertarian, the case of Olmstead v. U.S. (1928) is a nightmare violation of constitutionally guaranteed Fourth and Fifth Amendment rights. In the case, oy Olmstead was convicted of bootlegging during the Prohibition years of U.S. history. Without obtaining any kind of judicial approval, federal agents placed wiretaps in the building Olmstead…… [Read More]

References

Fein, B. (2007, March). Presidential authority to gather foreign intelligence. Presidential Studies Quarterly, 37(1), pp. 23-36.

Katz v. United States. (1967). FindLaw for Legal Professionals. Retrieved March 25, 2008, at http://laws.findlaw.com/us/389/347.html

Malooly, D.J. (1998, Winter). Physical searches under FISA: a constitutional analysis. American Criminal Law Review, 35(2), pp. 411-424.

Olmstead v. United States (1928). The Oyez Project. Retrieved March 25, 2008, at http://www.oyez.org/cases/1901-1939/1927/1927_493/
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Case Brief for U S v Arvizu 534 U S 266 2001

Words: 977 Length: 3 Pages Document Type: Essay Paper #: 91921871

easonable Suspicion and 4th Amendment Law in U.S. v. Arvizu, 534 U.S. 266 (2001)

Title and Citation: U.S. v. Arvizu, 534 U.S. 266 (2001)

Type of Action: eview by the U.S. Supreme Court of a ruling made by the U.S. Court of Appeals for the Ninth Circuit, which held that evidence should be suppressed as a result of a violation of the Fourth Amendment right to privacy and protection from unwarranted and unreasonable search and seizure. The federal government sought to overturn the motion to suppress that was upheld by the Ninth Circuit.

Facts of the Case: On a January afternoon in 1998 Border Patrol agent Clinton Stoddard was manning a checkpoint on U.S. Highway 191, located north of Douglas, Arizona. At approximately 2:15 P.M. A motion sensor was tripped and Stoddard was notified that a vehicle was traversing an infrequently travelled road -- evidence used by Border Patrol agents…… [Read More]

References

U.S. v. Arvizu, 534 U.S. 266 (2001)

U.S. Const. amend. IV
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Criminal Justice Systemic Malignity Racial

Words: 2221 Length: 7 Pages Document Type: Essay Paper #: 3292173

aker reviewed three landmark Supreme Court decisions on capital punishment and concluded that the death penalty is capriciously imposed on lack defendants and thus serves the extra-legal function of preserving majority group interests. He viewed discrimination in capital sentencing as deliberate and identified the primary reasons why lack defendants with white victims have been denied fairness in capital sentencing. These are prosecutorial discretion in the selective prosecution of capital cases, prosecutorial misuse of peremptory challenges to systematically exclude lacks from juries, judicial overrides by trial judges, prosecutorial misconduct and the ineffective assistance by defense counsel (Emmelman).

Helen Taylor Greene used a colonial model to explore the effectiveness and limitations placed on the police in the past and in the present (Emmelman, 2005). This colonial model showed that the police, regardless of color, were an oppressive force in many communities. Lately, lack political empowerment and ascendancy in many law enforcement departments…… [Read More]

BIBLIOGRAPHY

American Law Library (2009). Racial profiling: should police practice racial profiling?

Vol.8, American Encyclopedia: Net Industries. Retrieved on March 29, 2013

from  http://law.jrank.org/pages/9628/Racial-Profiling.html 

Banks, C (2004), Racial Discrimination in the Criminal Justice System. Chapter 3. Sage
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Current Trends in Due Process Lawsuits

Words: 2159 Length: 7 Pages Document Type: Essay Paper #: 24573374

Americans are aware that they are entitled to "their day in court" but may not fully understand the full range of due process protections that are contained in the Fifth and Fourteenth Amendments to the U.S. Constitution. To determine the facts, this paper reviews the relevant literature to provide a discussion concerning the meaning, history and importance of the constitutional concept of "due process" as contained in the Fifth and Fourteenth Amendments to the U.S. Constitution. A brief discussion analyzing the conflicting positions of Justices Hugo Black and Felix Frankfurter with respect to the incorporation of American citizens' rights under the due process clause of the Fourteenth Amendment, and how these Justices' positions helped develop the concept of due process is followed by a summary of the research and important findings concerning due process in the conclusion.

.eview and Discussion

According to Black's Law Dictionary, "due process of law" means…… [Read More]

References

Bernstein, D.E. (2003, November). Lochner's legacy's legacy. Texas Law Review, 82(1), 1.

Bodenhamer, D.J. (2007). Our rights. Oxford: Oxford University Press.

Chapman, N.S. & McConnell, M.W. (2012, May). Due process as separation of powers. The Yale Law Journal, 121(7), 1672-1677.

Fifth amendment. (2014). Legal Information Institute. Retrieved from http://www.law.
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U S Patriot Act How the

Words: 3180 Length: 10 Pages Document Type: Essay Paper #: 57566907

Through experience, the FBI has acquired insights into the fact that there are no dividing lines distinguishing foreign intelligence, terrorist and criminal activities. Foreign intelligence, terrorism, and criminal organizations and activities are interdependent and interrelated (Abele, 2005). Files belonging to the FBI are full of investigation cases where the sharing of information between criminal intelligence, counterintelligence, and counterterrorism investigations is essential to the ability of the FBI. This is in regards to the protection of the nation from criminal activities, foreign intelligence activity, and terrorists. Some investigations beginning as counterintelligence investigations end up becoming criminal cases. In some cases, the FBI initiates the counterterrorism, counterintelligence, or parallel criminal cases in maximizing their ability to conduct effective investigations. This has helped in addressing and identifying various threats to the U.S. hence implementing protective measures to protect vulnerable methods and sources. The success in the provision of accurate assessments of intelligence threats…… [Read More]

References

Abele, R.P. (2005). A user's guide to the U.S. Patriot Act and beyond. Lanham, MD: Univ. Press of America.

Alexander, Y., & Kraft, M. (2008). Evolution of U.S. counterterrorism policy. Westport, CT: Praeger Security International.

Bidgoli, H. (2006). Handbook of Information Security Volume 2. Hoboken: John Wiley & Sons.

Dempsey, J.S., & Forst, L.S. (2012). An introduction to policing. Clifton Park, NY: Delmar Cengage Learning.
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Criminal Justice Although Jeff's Confession

Words: 1709 Length: 5 Pages Document Type: Essay Paper #: 2903379

If this is indeed the case, Leach is within his rights to appeal for an overturn of his conviction. The Fourth Amendment protects travellers from unwarranted police searches, which appears to be what happened in this case.

The Fourth Amendment then protects the rights of individuals to reasonable expectation of privacy. While Archibald Leach voluntarily yielded his luggage for investigation, the search itself was not conducted in a legal manner if there was neither warrant, reasonable suspicion or probable cause. The case does not mention any of these, based upon which the conclusion can be that Leach has sound grounds for appeal.

ources

Criminal Law Lawyer ource. (2009). earch Warrant. http://www.criminal-law-lawyer-source.com/terms/search-warrant.html

Farlex, Inc. (2009). Probable Cause. The Free Dictionary. http://legal-dictionary.thefreedictionary.com/Probable+cause 'Lectric Law Library's Lexicon. (2009). "Confession." http://www.lectlaw.com/def/c274.htm

Rice, Beverly. (2009). When can the police stop and frisk you on the street? upreme Court Articles. http://www.legalzoom.com/legal-articles/when-police-frisk-you.html

Walker, Jayme . (1998, Dec…… [Read More]

Sources

Criminal Law Lawyer Source. (2009). Search Warrant.  http://www.criminal-law-lawyer-source.com/terms/search-warrant.html 

Farlex, Inc. (2009). Probable Cause. The Free Dictionary.  http://legal-dictionary.thefreedictionary.com/Probable+cause  'Lectric Law Library's Lexicon. (2009). "Confession."  http://www.lectlaw.com/def/c274.htm 

Rice, Beverly. (2009). When can the police stop and frisk you on the street? Supreme Court Articles. http://www.legalzoom.com/legal-articles/when-police-frisk-you.html

Walker, Jayme S. (1998, Dec 1). Moving and touching stowed or checked luggage: Fourth Amendment considerations. The FBI Law Enforcement Bulletin. http://www.encyclopedia.com/doc/1G1-53590199.html
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US Supreme Court and the Rights of Inmates

Words: 534 Length: 2 Pages Document Type: Essay Paper #: 73047895

U.S. Supreme Court and the Rights of Inmates

The objective of this study is to identify the constitutional amendments that deal directly with the rights of correctional inmates. For each amendment, this work will describe the rights of inmates and correctional procedures that evolved to protect those rights. Lastly, this work will explain the role of the U.S. Supreme Court in interpreting correctional law, inmates' rights and correctional procedures.

Four Amendments That Address Rights of Prisoners

The primary areas of constitutions rights for inmates incarcerated in U.S. prisons are derived from four constitutional amendments. Those four amendments include the following:

(1) First Amendment -- This amendment governs to what extent authorities restrict the rights of inmates in regards to religion, speech press, and in general, the right to communicate with persons outside the jail. (Thigpen, Hutchinson, Persons and Holland, 2007)

(2) Fourth Amendment -- due process and equal protection. This…… [Read More]

Bibliography

Thigpen, ML,. Hutchinson, VA, Persons, V. And Holland, F. (2007) Jails and the Cosntittuion: An Overview. U.S. Department of Justice. Retrieved from:  http://static.nicic.gov/Library/022570.pdf 

Chung, V. (2000) Prison Overcrowding: Standards in Determining Eighth Amendment Violations. Fordham Law Review. Vol. 68, Iss.6. Art. 9. Retrieved from: http://ir.lawnet.fordham.edu/cgi/viewcontent.cgi?article=3653&context=flr
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Correctional Law

Words: 2487 Length: 8 Pages Document Type: Essay Paper #: 33789677

Constitutionality of a Postcard-Only Mail Policy

Postcard-Only Prison Mail Policy

Constitutionality of a Prison Postcard-Only Mail Policy

The Constitutionality of a Prison Postcard-Only Mail Policy

The state Department of Corrections (DOC) has requested a legal opinion of its postcard-only mail policy covering all incoming and outgoing letters and packages. The DOC is facing several lawsuits alleging the restrictive mail policy is violating the Constitutional rights of inmates, as well as external parties wishing to communicate with inmates through the mail. The following opinion represents a review of the applicable case law and whether the mail policy could withstand Constitutional challenges.

Issues

The lawsuits that have been filed against the DOC for implementing a postcard-only mail policy allege violations of free speech protected by the First Amendment, privacy violations under the Fourth Amendment, and procedural due process rights under the Fourteenth Amendment of the U.S. Constitution.

Brief Answer

Based on considerable…… [Read More]

References

Justia.com. (n.d.). U.S. law: Government as administrator of prisons. Retrieved 29 Oct. 2012 from  http://law.justia.com/constitution/us/amendment-01/34-government-as-administrator-of-prisons.html .

Madison.com. (2009, February 15). Prison contraband: A sampling of what gets collected. Retrieved 29 Oct. 2012 from http://host.madison.com/news/article_61400447-7e08-5a9b-a132-6e1d21377518.html.

Prison Legal News v. Columbia County et al., Case 3:12-cv-00071-SI (D. Or. 2012). Retrieved 29 Oct. 2012 from http://docs.justia.com/cases/federal/district-courts/oregon/ordce/3:2012cv00071/105732/64/.
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Legal and Ethical Issues

Words: 714 Length: 2 Pages Document Type: Essay Paper #: 71807955

Institutional Authority vs. Law Enforcement on Campus

The purpose of this work is to examine the legal and ethical consideration that governs the "division of authority" between educational institutions and the law enforcement agencies, or campus police in relation to incidents involving students. Further this work will consider the effect that the failing view of education has had on the view of the importance of education. Finally this work will explore the 4th and 14th Amendment of the U.S. Constitution and what effect these two amendments should have on aspects of administration affairs in relation to students.

In 1894 Yale University and the New Haven Police Department joined efforts in the prevention of crime on the college campus. The role of the officer on campus was ill defined and there are still discrepancies today as to exactly what the dividing line between the campus police officer and the university administration…… [Read More]

Bibliography:

Bordner & Peterson, (1983) "Campus Policing: The Nature of University Police Work" New York

"Managing Innovation in Policing: The Untapped Potential of the Middle Manager"(1995) NIJ Research Preview [Online] available at: http://www.communitypolicing.org/eleclib/txtfiles/midman.txt

Fossey, R., & Smith, M.C. (1996). An administrator's guide for responding to campus crime: "From Prevention to Liability"

San Francisco, CA: Jossey-Bass