CONSTITUTIONAL LAW
SOCIAL ARRANGEMENTS BETWEEN A
GOVERNEMENT AND ITS CITIZENS
CONTROLS FORMAL DECISION
MAKING
LAW ENFORCEMENT’S
PLAYBOOK
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CONSTITUTION OF THE UNITED STATES
MAGNA CARTA
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ISSUED IN THE YEAR 1215
ENGLISH LEGAL CHARTER
REQUIRED KING JOHN OF ENGLAND TO
PROCLAIM CERTAIN LEGAL RIGHTS—PERTAINING
TO FREEMAN
INFLUENCED THE UNITED STATES CONSTITUTION
BILL OF RIGHTS
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THE FIRST TEN AMENDMENTS
ADDED MORE THAN 200 YEARS AGO
IS A FEDERAL DOCUMENT
INTERPRETED AS PROTECTING CITIZENS AGAINST
MISTREATMENT FROM GOVERNEMENT
PLACES RESTRICTIONS ON THE CRIMINAL JUSTICE
SYSTEM
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Although 12 amendments were originally
proposed, the 10 that were ratified became the
Bill of Rights in 1791. They defined citizens'
rights in relation to the newly established
government under the Constitution.
THE BIGGIES
4TH
5TH
8TH
6TH
14TH
TH
4
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AMENDMENT
SECURE IN THEIR
PERSONS, HOUSES
PAPERS AND EFFECTS
UNREASONABLE
SEARCH AND SEIZURE
WARRANTS ISSUED
UPON PROBABLE
CAUSE
SEARCH
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&
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SEIZURE
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PROBABLE CAUSE
THERE ARE ENOUGH FACTS AND CIRCUMSTANCES
FOR A REASONABLE OFFICER IN LIGHT OF THEIR
EXPERTISE TO BELIEVE THE PERSON ARRESTED HAS
COMMITTED, IS COMMITTING, OR IS ABOUT THE
COMMIT A CRIME. MORE THAN A HUNCH
LESS THAN PROOF BEYOND A
REASONABLE DOUBT
4th AMENDMENT
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FOURTH AMENDMENT ONLY BANS
UNREASONABLE SEARCHES
TH
5
AMENDMENT
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GRAND JURY
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DUE PROCESS
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DOUBLE JEOPARDY
•
SELF INCRIMINATION
GOOD DEPUTIES DO SERVICE
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G---GRAND JURY
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D—DUE PROCESS
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D—DOUBLE JEOPARDY
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S—SELF INCRIMINATION
TH
6
AMENDMENT
SPEEDY TRIAL
NOTICE OF CHARGES
LAWYER
IMPARTIAL JURY
CONFRONT WITNESSES
SATURDAY NIGHT LIVE IS COMEDY
SPEEDY TRIAL
NOTICE OF CHARGES
LAWYER
IMPARTIAL JURY
CONFRONT WITNESSES
TH
8
AMENDMENT
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EXCESSIVE BAIL
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CRUEL AND UNUSUAL
PUNISHMENT
EXTRA CREDIT
1857 Dred Scott Decision
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Slaves or their descendants were not protected by
the Constitution and were not considered “Citizens”
Even though Slavery was abolished by the 13th
Amendment in 1865
th
14
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AMENDMENT (1868)
EQUAL PROTECTION UNDER THE
LAW
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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.
SECTION 1983 TITLE 42
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PART OF THE CIVIL RIGHTS ACT OF 1871
KU KLUX KLAN ACT
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PRESIDENT ULYSSES S GRANT ASKED FOR
NATIONAL LEGISLATION TO COMBAT THE
ALARMING INCREASE IN RACIAL UNREST AND
VIOLENCE IN THE SOUTH
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DURING THE FIRST 90 YEARS OF THE ACT, FEW
ACTIONS WERE TAKEN DUE TO THE WAY THAT
THE U.S. SUPREME COURT INTERPRETED THE ACT
MONROE v PAPE 1961
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PERSONS WHOSE CIVIL RIGHTS ARE VIOLATED BY
GOVERNMENT OFFICIALS TO BRING CIVIL SUIT IN
FEDERAL COURT TO RECOVER DAMAGES
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FACTS:
Six black children and their parents brought a Section 1983 action in
federal district court against the city of Chicago and thirteen of its
police officers for damages for violation of their rights under the
Fourteenth Amendment. They alleged that, without warrant, the
police officers broke into their home in the early morning, routed
them from bed, made them stand naked in the living room, and
ransacked every room, emptying drawers and ripping mattress
covers; that the father was taken to the police station and detained
on "open" charges for ten hours while he was interrogated about a
two-day-old murder; that he was not taken before a magistrate,
though one was accessible; that he was subsequently released
without criminal charges being filed against him.
CONSTUTIONAL VIOLATIONS
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THE USE OF EXCESSIVE OR DEADLY FORCE
ILLEGAL SEARCH OF PERSONS OR PLACES
ILLEGAL SEIZURE OF ITEMS OR PERSONS
INVASION OF PRIVACY
FAILURE TO PROTECT CITIZENS FROM CRIME
CONTINUED
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ABANDOING CITIZENS IN DANGEROUS OR HIGHCRIME AREAS OR SITUATIONS
FALSE ARRESTS OR FALSE IMPRISONMENT
FAILURE TO RENDER MEDICAL ATTENTION
UNLAWFUL CONVERSION OF PROPERTY
CON’T
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ROADBLOCKS OR PURSUITS THAT END IN SERIOUS
INJURY OR DEATH
PREVENTION?????
THE END