BCJ 3950, Constitutional Law for Criminal Justice 1 C.docx

BCJ 3950, Constitutional Law for Criminal Justice 1
Course Learning Outcomes for Unit VII
Upon completion of this unit, students should be able to:
3. Relate property rights to rules of search and seizure.
3.1 Explain an individual’s property rights and the rules of
search and seizure as they relate to civil
and criminal laws.
3.2 Describe how property rights and the rules of search and
seizure have influenced the American
criminal justice system.
4. Explain protections of arrest and the right to counsel.
4.1 Analyze protections of arrest and the right to counsel as
they relate to civil and criminal laws.
4.2 Describe how protections of arrest and the right to counsel
have influenced the American
criminal justice system.
Reading Assignment

Chapter 11: Substantive Due Process, Privacy, and Other
Liberties, pp. 404-436
Chapter 12: Equal Protection, pp. 439-487
Unit Lesson
We are now coming down to the last two units in this course.
Each unit should be new information to you, and
your constitutional knowledge and awareness should start to
take shape. In Chapter 11 of your textbook,
“Substantive Due Process, Privacy, and Other Liberties,” we
will explore the Due Process Clause as it relates
to our U.S. constitutional rights and protections in detail. If you
remember in Chapter 8, we briefly explored the
Due Process Clause; however, we will now further analyze the
Due Process Clause providing for a two-
dimension approach and analysis.
The Due Process Clause can be broken down into two processes:
procedural due process and substantive
due process. Procedural due process requires the government
both at the federal and state levels to treat
persons fairly, while it attempts to interfere with their liberty
interests and requires the government to process
and safeguard individuals and their claims (Hall & Feldmeier,
2012). So what does this actually mean? The
government should allow for a timeframe compatible and
suitable for individuals to respond to a claim,
provide for an appeals process, and ensure all claims are
handled in a fair, balanced, and objective manner.
Now, substantive due process is the second dimension of the
Due Process Clause found in the Fifth (federal

law) and Fourteenth (state law) Amendments to the U.S.
Constitution. Substantive due process concerns the
type of substance of behavior that is included as a “liberty”
under the Due Process Clause, and examines the
activities and protections, which are included under “liberty”
(Hall & Feldmeier, 2012).
Take a minute to think about the word liberty. In your
perspective or definition, what does liberty mean to you?
Each person sees liberty through their own personal lens and
experiences in life. What should be noted is
that the word liberty is not defined in the U.S. Constitution.
Therefore, interpretation is left up to the U.S.
Supreme Court. You should have noticed by this point in the
course, the interpretation of the U.S. Constitution
is often left up to the U.S. Supreme Court.
The meaning of the word liberty may change and shift as
America moves into the 21st century. Can the term
liberty mean the same thing today as it did 200 years ago?
Activities that were not protected in the past may
nevertheless be deemed protected liberty interests today because
modern society has come to expect
protection for these activities (Hall & Feldmeier, 2012). Some
of these revisions of liberties include but are not
UNIT VII STUDY GUIDE
Due Process & Equality

UNIT x STUDY GUIDE
Title
limited to: a right to privacy, adult choices as it relates to
sexual activity, parental decisions on how to raise
children, travel, and one of the most controversial topics is a
woman’s right to choose and decide her
reproduction and pregnancy choices. The U.S. Supreme Court
has not provided for certain liberties as it
relates to the Due Process Clause in physician-assisted suicide,
right to die, and the private use and
consumption of illegal narcotics. However, as we move into the
21st century, one liberty that has been
approved at the state level in some states (the use and
production of marijuana). Give some time to think
about this particular issue. Do you agree with legalizing
marijuana? If so, did you think the legalization of
marijuana would fall under the Due Process Class of the U.S.
Constitution and American liberties?
Moving onto Chapter 12, we will explore Equal Protection at
the federal and state levels of government. Let’s
first answer the following questions. Are all men created equal?
Is there an inherent problem with how the
question is presented? Keep these questions in mind as your
read through this chapter in your textbook.
According to the textbook, equality is the third primary value
promoted by the U.S. Constitution, chiefly by the
Due Process Clause and Equal Protection Clause, and provides
for the nation that similarly situated persons
ought to be treated similarly (Hall and Feldmeier, 2012). When
we examine U.S. history, we can learn this has
not always been the case or truth. Women and minorities were
not considered equal; therefore, they did not

have equal protection under federal or state law. If you read
pages 442-433 of your textbook, you will learn
how the Thirteenth, Fourteenth, Fifteenth, Nineteenth, Twenty-
Fourth and Twenty-Sixth Amendments were
ratified throughout U.S. history to include more well-rounded
equal protection laws at the federal and state
levels of government (Hall and Feldmeier, 2012).
Think of a current issue that is happening in America today. Are
there still groups and members of society not
provided equal protection under the law? One possible example
is the LBGT (lesbian, bisexual, gay,
transgender) community. Is this segment of American society
afforded equal protection under federal and
state law? Some would argue yes, while others would disagree.
Again, an individual’s perspective and
religious beliefs often play a crucial role on how you view
equality and protection under the law.
When the U.S. Supreme Court hears and examines an equal
protection case, there are three categories or
classifications to determine discrimination: suspect
classification, semi-suspect classification, and non-
suspect classification. Suspect classification includes a type of
discrimination that is highly questionable and
deserves the highest form of judicial scrutiny (Hall &
Feldmeier, 2012). Examples would include race and
alienation as it relates to voting and/or marriage. Semi-suspect
classification is discrimination that is partially
or somewhat suspicious under the U.S. Constitution and
deserves heightened scrutiny (Hall & Feldmeier,
2012). Examples include sex-based discrimination and
discrimination based solely on legitimate or illegitimate
children status. The third discrimination, non-suspect
classification, is deemed “clean smelling” and is not
suspicious under the U.S. Constitution and requires minimal

scrutiny (Hall & Feldmeier, 2012). Examples
include discrimination based on wealth, age, sexual orientation,
education availability, welfare, and housing
equality. To read in greater detail about classification as it
relates to discrimination, please refer to pages 450-
451 of your textbook (Hall and Feldmeier, 2012).
In your research report for Unit VII, you will examine some of
these liberties and protections provided for in
the U.S. Constitution, both at the civil level and criminal justice
level. Please make sure you read both
Chapters 11 and 12 so you can provide for a compelling and
strong research report.
Reference
Hall, D. E., & Feldmeier, J. P. (2012). Constitutional law:
Governmental powers and individual freedoms (2nd
ed.). Upper Saddle River, NJ: Pearson.
Suggested Reading
The following article discusses search and seizure in regards to
privacy as was discussed in textbook and
lesson. You are encouraged to review this information.

UNIT x STUDY GUIDE
Title
In order to access the resource below, you must first log into
the myCSU Student Portal and access the
Academic Search Complete database within the CSU Online
Library.
Yeager, D. B. (1993). Search, seizure and the positive law:
Expectations of privacy outside the Fourth
Amendment. Journal Of Criminal Law & Criminology, 84(2),
249-309.
Review the PowerPoint presentations on Chapter 11 and Chapter
12 to supplement the textbook reading and
lesson content.
Chapter 11: Substantive Due Process, Privacy, and Other
Liberties
Click here to access the Chapter 11 PowerPoint presentation.
Click here for the PDF version.
Chapter 12: Equal Protection
Click here to access the Chapter 12 PowerPoint presentation.
Click here for the PDF version.
Learning Activities (Nongraded)
Nongraded Learning Activities are provided to aid students in

their course of study. You do not have to submit
them. If you have questions, contact your instructor for further
guidance and information.
Choose one of the three assignments located under
“Constitutional Law in Action” on pages 488-489 of your
textbook. Complete the assignment.
https://online.columbiasouthern.edu/bbcswebdav/xid-
65428935_1
65428930_1
65428937_1
65428936_1
Research Paper: Find peer reviewed articles in the following
databases provided by the UC Library and write a 500-
word paper reviewing the literature concerning one of this
week’s topics, e.g. Disaster Recovery and Business Continuity
and the Cloud, Service Oriented Architecture, Managing the
Cloud, Migrating to the Cloud, SLA Guidelines. (100 points)
Utilize only scholarly peer reviewed articles and papers.
Must use the following databases for your research:
· ACM Digital Library
· IEEE/IET Electronic Library
· SAGE Premier
URL: https://ucumberlands.libguides.com/security

BCJ 3950, Constitutional Law for Criminal Justice 1 C.docx

BCJ 3950, Constitutional Law for Criminal Justice 1 C.docx

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