IMPORTANT ASPECTS OF YOUR PAPER ➢ !!!!! Very important grade!!!!! ➢ Must have editorial paper topic by: 11/10 ○ Topic and brief synopsis of your position on the topic ➢ Not a descriptive essay; no need to educate audience on topic ➢ Start essay with thesis statement ○ Lets reader know your opinion ➢ No need for too many ‘I’ statements ➢ Sample essays on blackboard ➢ Presentation: prezi or powerpoint; 7-10 mins ○ Practice ➢ Stapled paper Chapter 5: Policing: legal environment ➢ No one is above the law, not even the police ➢ The constitution was designed to protect against abuses of police power ○ Restricts gov’t power ➢ Restraints on police behavior ○ Help to ensure individual freedoms ○ Must be balanced against the need for police to effectively do their jobs ➢ Due Process is required by which amendments? ○ 4, 5, 6, and 14 ➢ The Warren Court (1953-69) ○ Chief Justice Earl Warren ○ Accelerated the process of guaranteeing individual rights in the face of criminal prosecution ○ Bound police to strict proceedings ➢ Post-Warren Court ○ Rehnquist Court (1986-2005) ○ “Reversed” some of the Warren-era decisions ○ Created exceptions to some of the rules and restraints ➢ Police and Due Process ○ Due process requirements relevant to the police involve: ■ Evidence and interrogation (search and seizure) ■ Arrest ■ Interrogation ○ Restraints are to ensure that the process is fundamentally fair for everyone who goes through the system ➢ Landmark cases ○ Clarify the “rules of the game” ○ The procedural guidelines by which the police and the rest of the justice system must abide ○ The court addresses only real cases and does so on a writ of certiorari
■ The court cannot solve hypothetical situations; they must wait for a case regarding a certain issue to reach them to make laws in that particular area ➢ Search and seizure ○ 4th amendment ○ States: “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.” ○ Concept: protects one privacy from unreasonable searches and seizures ■ Unreasonable (in this sense): not done with a warrant or because of probable cause ➢ The following are all exceptions to the Fourth Amendment: ➢ Exclusionary Rule ○ Weeks v. US (1914) ■ Illegally seized evidence cannot be used in a trial ■ Rule acts as a control over police behavior ■ This decision was only binding to federal officers ○ Mapp v. Ohio (1961) ■ 14th amendment due process applies to local police, not just federal officers ➢ Fruit from the Poison Tree ○ Silverthorne Lumber Co. v. US (1918) ■ Because illegally seized evidence cannot be used in a trial, neither can evidence that derives from an illegal seizure ●
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- Fall '12