...precedents set by the first Americans can still apply in this new digital age. Recent trials between law enforcement and major tech companies have been at a stalemate because of this predicament. The government should not be allowed to commission digital information from tech companies because of a customer's fourth amendment rights, their lack of consent, and the dangerous precedents it could set. One of the most important reasons that the law should not be allowed to seize data from our technological devices is the 4th amendment, which applies to all American citizens. The 4th amendment explicitly 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.” This excerpt from the bill of rights simply states that law enforcement cannot...
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...regarding the legitimacy of the document. It was argued that the Patriot Act was in violation with the First, Fourth and Fifth Amendments of the Bill of Rights. Especially the alleged violations regarding the Fourth Amendment were heavily debated. To determine...
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...confessions that were procured after violent interrogation. The Fourteenth Amendment Due Process was violated when a confession obtained and physical torture was used to convict the defendant. Police tried to carry out the confession as evidence but was overrule because it would violate the due process of the Fourth Amendment. A teenager was arrested one charge of murder, and questioned by police, without benefit of counsel or any friend to advise him. Later he signed a confession typed by the police. This confession stated that he would admit to the evidence, and later was convicted. The methods used in obtaining this confession...
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...Amendment Essay Twenty-seven amendments have been ratified since the original signing of the Constitution, the first ten of which are known as the Bill of Rights. The Amendments to the United States Constitution have had a major effect on American life. A major feature of the Constitution is the capability of changing the document in order for it to become accustomed to the changing times and conditions. There are a few methods in order to change the Constitution. An amendment proposed by 2/3rds vote in each house of congress could be approved by either one of two ways. It must be either ratified by 3/4ths of the State Legislature or by the Constitutional Conventions in 3/4ths of the states. To approve an amendment proposed at a National Constitutional Convention it must also be ratified by 3/4ths of the State Legislatures or by a Constitutional Convention in 3/4ths of the States. The First Amendment, freedoms, is one of the most known and the most important of all. A historical event that led to this amendment was that the new American settlers brought with them a desire for democracy and openness after the American Revolution. They left behind a history of tyranny and official control of information. Using this experience as their guide, the constitutional fathers wrote into their new Constitution a Bill of Rights, which contained the First Amendment. This Amendment was created so that the people would have the freedom to express themselves without worrying. Disagreement to...
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...Constitutional Policing CRJ201 June 28, 2015 Title of Your Essay The 4th amendment of the United States Constitution states “The right of people to be secure in their persons, houses, papers, and effects, against unreasonable search 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 seized.” I believe that many cases have been brought to the United States Supreme Court define the constitutionality of the 4th amendment. I strongly believe that this is a fundamental for all law enforcement officers, and officers of the court to follow and strictly adhere to while they are excluding the duties of there occupation. In the case of Weeks vs. United States, police officers entered the home of Freemont Weeks and seized lottery papers which were used for his conviction in court. This seizure of papers was done without a lawful search warrant and done so in violation of the 4th amendment which was the main issue of this case. The evidence seized was used against Mr. Weeks in court and ultimately Mr. Weeks was convicted and sentenced to time in prison. There were several laws that the courts used in determining the outcome of this petition including Boyd vs. United States. “As was there shown, it took its origin in the determination of the framers of the Amendments to the Federal Constitution to provide for that instrument a Bill...
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...______________________________________________________________________________ Fundamentals of Criminal Law CJSA 1327 Week 1 Essay #3 Not too long ago our nation was young, new, and in need of structure and in need of a government. To solve this issue, the United States Constitution was drafted and implemented across the territories. After the constitution was created, there was immediate pressure from anti-federalists who opposed constitutional ratification. This then gave birth to the Bill of Rights, which was to set limits on the government’s actions in regard to personal liberties. The Bill of rights is a collective name for the first 10 amendments to the United States Constitution. It was introduced by James Madison before the 1st United States Congress and then proposed to congress in September 25, 1789. The amendments were ratified on December 15, 1791 by congress. There originally were twelve amendments proposed, but only ten amendments made the final cut. Over time, amendments had been added totaling twenty-seven. The 10 amendments guaranteed a list of personal freedoms, reserving some powers to the states and public. They also put a limit to the government’s power in judicial and any other proceedings. The 10 original amendments are (1st) Freedom of speech, religion, and right to petition, (2nd) Right to bear arms, (3rd) Protection against quartering troops, (4th) Protection against unreasonable search and seizure, (5th) Rights in criminal cases, (6th) Right to a fair trial...
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...305 Midterm Essay Questions Question 1: Describe at least three kinds of speech that are not protected speech under the First Amendment. Provide examples, and explain the impact of not having these types of speech protected under the First Amendment. The First Amendment protects advocacy of illegal action except when imminent action is intended and probable. Justice Oliver Wendell Holmes, Jr. gave the example of, “falsely shouting fire in a theatre causing panic” (http://www.firstamendmentcenter.org/not-many-exceptions-to-free-speech-guarantee). This is not protected because it presents a clear and present danger that causes an immediate reaction that could cause physical harm or injury to others. Defamation, both written (libel) and spoken (slander), is not protected by the First Amendment. The qualifying factors to be considered defamation the communication must be: intentional, untrue, damaging to the reputation of that person, and directed to/at someone other than the person it is regarding (http://legal-dictionary.thefreedictionary.com/Defamation). Allegations of serious criminal actions or allegations of serious sexual misconduct are examples of defamation per se. The plaintiff does not have to prove damage to his/her character when defamation per se applies (http://www.abbottlaw.com/defamation.html). The lack of First Amendment protection is to avoid having reputations destroyed by malicious spoken or written statements of others. The First Amendment does not provide...
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...Beth Mack Prof. Wayland English B50 T/Th 1-3 8 March 2014 Essay #1 Drug Testing in High, Pro or Con? There is a lot of controversy today on whether or not drug testing in high school is appropriate. There are many things to consider when making this decision, like constitutional rights and privacy, cost, and even if doing random drug tests will change the problem (drug problem). Los Angeles Times writer David G. Savage asks in the article “Justices Consider School Drug Tests,” “Could routine drug tests, like metal detectors, soon become an accepted part of daily life at many American high schools?” Drugs have become a major problem with children, but not all of them are experimenting with them. Many people believe that it is against the child’s 4th Amendment rights, which we all know protects people from unreasonable searches and seizure, that being said, unless the child is coming to school either “high” or “stoned,” has actual drugs on his person or has been known for drug use, doing a drug test is intrusive and a waste of time. Economic cost is another issue. According to M. H Davis in “Facts and Statistics on Random Drug Testing of High School Students” website www.everydaylife.globalpost.com, “The average drug test cost between $15 and $35, and at high schools administering tests to all students, the costs add up quickly.” So if there is a class of 1000 children, there is a bare minimum of $15,000. I’m sure the school systems have a lot more educations things...
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...Exam 4 – Essay #1 The United States Congress is a bicameral legislature that was created with the Connecticut Compromise during the Constitutional Convention of 1787. There are two chambers, the House and the Senate, that are directly elected by the people. The role of Congress is to make law. The House creates tax bills and votes to impeach, while the Senate approves treaties, appointments, and votes to convict the impeached. The Senate is considered the “upper house” because it is more exclusive as there are only 100 members as compared to 435 members of the House. To be a Senator, one must be thirty years of age and a U.S. citizen for at least nine years. House members must be twenty-five years of age and a citizen for only seven years. Another reason the Senate more exclusive is that their term is six years long, but members of the House are up for re-election every two years. Although the Congress is comprised mostly of white males, the number of women, African Americans, and Latinos has increased dramatically since 1991. Each chamber in Congress greatly differs in the people they represent. Members of the House are elected from districts that are apportioned according to how many people live in the area, while there are two Senators from each state regardless of the population of that state. Members of the House usually deal more with local issues, because their constituents are from a specific area, usually relatively small compared to the size of the state. Senators...
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...Unit 5 Homework Assignments Worth 45 Pts. Total *Review Terms From Unit 1, 2, 3 & 4* 2nd Amendment Establishment Clause Hecklers Veto Probable Cause Schenk v. US/Clear & Present Danger Free Exercise Clause Exclusionary Rule Defamation Double Jeopardy Miranda v. AZ/Self Incrimination Due Process 6th Amendment Grand Jury Indictment Habeas Corpus Swing Justice Original vs. Appellate Jurisdiction Marbury v. Madison/Judicial Review 4th Amendment 8th Amendment Stare Decisis/Precedent Article I Article II 1st Amendment 10th Amendment Article III Eminent Domain 5th Amendment Arraignment Judicial Activism vs. Restraint Gideon v. Wainwright 7th Amendment Civil Law/Tort Law Criminal & Civil Negligence Federal & State District Courts Beyond a Reasonable Doubt 14th Amendment Preponderance of Evidence Majority Opinion of Supreme Crt Federalism Reserved Powers Police Powers Enumerated Powers Griswold v. Connecticut (1965) Roe v. Wade (1973) Commerce Clause McCulloch v. Maryland (1819) Supremacy Clause Necessary & Proper Clause Civil Liberties v. Civil Rights Incorporation Doctrine Brown v. Board of Education (1954) Party Primary General Election Closed Primary Open Primary Caucus Electoral College Gerrymandering Advise & Consent Filibuster & Cloture Speaker of the House Senate Majority Leader Standing Committee Conference Committee Pork Barrel...
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...The Warren Court left an unprecedented legacy of judicial activism in the area of civil rights law as well as in the area of civil liberties—specifically, the rights of the accused as addressed in Amendments 4 through 8. In the period from 1961 to 1969, the Warren Court examined almost every aspect of the criminal justice system in the United States, using the 14th Amendment to extend constitutional protections to all courts in every State. This process became known as the “nationalization” of the Bill of Rights. During those years, cases concerning the right to legal counsel, confessions, searches, and the treatment of juvenile criminals all appeared on the Court's docket. The Warren Court's began with the case of Mapp v. Ohio, which was the first of several significant cases that re-evaluated the role of the 14th Amendment as it applied to state judicial systems. In a 6-3 decision, the Court overturne the conviction, and five justices found that the States were bound to exclude evidence seized in violation of the 4th Amendment. The 4th Amendment sets the standards for searches and seizures by law enforcement officials in the United States, the Court noted, and the 14th Amendment requires judges to uphold those standards in every State. Evidence gained by an illegal search became inadmissible in State courts as a result of the decision. The “Mapp Rule” has since been modified, so the exclusionary rule is no longer as absolute as when first handed down in Mapp. Critics of...
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...another document that passed called the Constitution. Passing it wasn’t easy because all thirteen states had to ratify, or approve, the Constitution in order for it to go into effect. At the time, there was no guarantee of that happening. Americans feared that a strong national government would be as bad as the British monarchy they had just finished fighting. To convince them otherwise, James Madison and fellow Federalists, Alexander Hamilton & John Jay, published a series of anonymous essays in the New York press. These essays would eventually be known as the Federalists papers, which they are still called today. They were an expressive, reasonable defence of the kind of democracy laid out in the Constitution. By 1789, nine states had ratified the Constitution, making it official, but several key states, including New York and Virginia, hadn’t yet voted. To win these states and other states over, James Madison agreed to a Bill of Rights, which he wrote himself. These first ten amendments to the Constitution proved clear personal protection against government power. The move worked, and by 1790, all thirteen states had ratified the Constitution. With the new government established, Madison served four terms in Congress, where he became a vocal critic of the first two presidents, George Washington & John Adams. When George Washington created a national bank and a standing army, Madison publicly declared both as unconstitutional. Madison was also critical when John Adams passed...
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...The United States Congress: The Legislative Branch of United State’s Government Ilhan Abdi Class title: Date: 10/29/2012 To write anything about the history of the United State’s Congress, one must illustrate the entire formation of the American Republic. Because, this was the first branch of the US government, where the formation of the rest of the institutions will stem from. This is a big topic that requires much time and resources. However, in this essay, I will briefly look over the major events and milestones that led to the formation of the United States, as a nation, while at the same time focusing on the history, the role, and the transformation of the United States congress. In 1770, what has begun as a simple...
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...University of London Common Law Reasoning and Institutions Essay Title: ‘The approach of the Law Lords to statutory interpretation has been radically changed by the Human Rights Act. Judges now see themselves as legislating human rights through their interpretation of Acts of Parliament.’ Student Number: 111244061 Candidate Number: 56307 In the English legal system, Statutory interpretation is seen as the way by which judges give meaning to the statutes by the parliament. Even though Judges have a wider choice of options in interpreting statues, the situation is now different after UK’s membership of the European Union (EU) through the European Communities Act (ECA) 1972 and after the incorporation of the European Convention on Human Rights (ECHR) by the Human Rights Act (HRA) 1998. Judges are now bound to interpret the statues in such a way that is compatible with the provisions of EU law according to Sec 2(4) of ECA 1972 and also should give effect to the spirit of the conventions as required in Sec 3 of HRA 1998. Convention jurisprudence now has an significant and straight role to play in statutory interpretation due to section 3 of HRA 1998. The Convention confers a huge number of fundamental rights, including the right to life, the right to liberty and security, and so on. The United Kingdom became a participant to the Convention many years ago but Parliament did not cope with domestic law until 1998, when the Human Rights Act was passed. So the Convention...
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...Although our nation is young compared to other countries in the world, we have seen our fair share of conflict and battles. From the Revolutionary War, Civil War, Spanish American War, World War I, and even the war to end all wars, World War II, our country proved time and time again, that if you attack us, we will come out swinging. What has also been unchanged, is that if the reason for war is blurred and it is unclear who our enemy is, the American people are reluctant to take the word of their political leaders and rush into a conflict. Through this essay, I will present arguments for the American people’s reluctance to enter the Cold War arms race against the Soviet Union and the war on terrorism post September 11, 2001 terrorist attacks on New York and Washington D.C. It was in the late 1940s when the Soviet Union was developing itself...
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