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Con Law August 24 Lecture 6

Con Law August 24 Lecture 6 - Timothy McVeighs Accomplices...

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Timothy McVeigh’s Accomplices crime was worse than that of Michael Vick’s but Michael Vick is going to suffer a greater lost. Vick lost half a billion dollars cause has a dumbass, he had it all but blew it off a stupid decision. The state didn’t intervene and tell Gatorade to drop his endorsements If you get convicted and lose your job cause of it, it’s not the states fault, it’s your fault. Cruel and Unusual Punishment Can they impose cruel punishments as long as if it happens often Is it both or is it one and also the other Criminal rights look at 4 th , 5 th , and 6 th amendment 4 th – the right to be left alone from unreasonable searches and seizures Background: mid 1600s, England started issuing writs of assistance, to assist the local constables in efforts to combat crime and ensure taxes were paid. Orders from the king that gave you, the constable, the unlimited right to search. Nothing specific about it. By the 1700s, these writs are highly abused. They are no longer aimed at stopping bad behavior but the local constable to basically go shopping. They would take things of value from people. The government became a predator on the people with this. Lead to a long dislike of the government’s right to search and seize. We don’t know what we want but we know what we don’t want, we don’t want writs of assistance. 4 th amendment – searches and seizure. Direct reaction to writs of assistance. Probable cause – to get a search warrant, u have to go to a judge or a magistrate and say I think this thing is here, I want to look for it. Not that this guy is sketchy and shady and I want to check. IT has to be relatively specific. If a suspicious vehicle is obeying the law, is it probable cause to pull it over? 4 th amendment can only be interpreted in the context of the writs. You can’t pull him over just because you think or because of the way he looks.
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Can’t pull him over for doing legal things. You can’t just search every house to arrest the people who you hit for drug abuse. Government is constrained and restricted and cant micromanage the citizen’s lives. If they have concern, then they have to follow due process and investigate to resolve whether a crime is going on or not. When the framers wrote the constitution, they couldn’t think of everything, what they put was in reaction to what was going on at the time. Page 558 Chart – what happens with a crime What constrains the government at different stages of a crime What keep them for putting you in jail just because they don’t like you? Page 564 – the Supreme Court, over time, applied the bill of rights to the state. Not all things are implemented. A police officer doesn’t always have to get a warrant to search; it would be too rigid of a
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Con Law August 24 Lecture 6 - Timothy McVeighs Accomplices...

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