Valerie Gonzalez
“Constitutional Provisions”
The constitution protects the integrity of criminal process and the basic components. According to Schubert (2015), the basic components are “(1) the wrongful act, (2) the guilty mind, (3) the concurrence of act and intent, and (4) in some crimes causation. To obtain a conviction in a criminal case, the government has to establish each of these components beyond a reasonable doubt (p.258).” and according to Schubert (2015), criminal procedure is “that area of the law that deals with the administration of criminal justice, from the initial investigation of a crime and the arrest of a suspect, through trial, sentence, and release (p. 277).”
Therefore, with the required basic components listed above and the following Amendments this is how the constitution protects the integrity of the criminal process. These key Amendments are the Fourth, Fifth, Sixth, Eighth, and Fourteenth (Schubert, 2015, p. 278). These amendments afford the constitutional limitations on the way governmental officials may proceed in a criminal investigation. According to Schubert (2015), “investigating criminal offenses and prosecuting alleged criminal offenders are primarily contained in the very general statements of the Fourth, Fifth, Sixth, Eighth, and Fourteenth Amendments to the U.S. Constitution.”
In my opinion, these amendments provide adequate protection as they have for decades. As the saying goes “if it ain’t broke don’t fix it.”
Mariana Monima
Laws are set in place to ensure individuals' interactions with others and the government are not unruly. Specific laws have been created to provide specific direction to solve disputes among citizens with the initial complaint, through the trial, and judgment. The laws also provide protection to the citizens to ensure the government provides a fair trial to the parties involved.
Criminal procedure begins when an individual commits a crime which is reported to the authorities. In order for an officer to conduct an arrest, they must have probable cause to obtain a search warrant and, if necessary, an arrest warrant. The Fourth Amendment prevents authorities from searching citizens' homes or personal property illegally, even if doing so to find evidence to be used in the prosecution of the individual. Once the trial begins, the Fifth Amendment provides an individual the right to stay silent to avoid giving any information which may incriminate them further. The Sixth Amendment ensures an individual the right to have a speedy trial in order avoid a longer than necessary jail sentence while waiting for trial. The Sixth Amendment also assures the defendant has the right to a fair jury, which is carefully selected to avoid a biased judgment. The Eighth Amendment prevents the sentences from being unreasonable compared to the crime committed.
Procedural due process makes justice more likely to occur when the correct procedures have been followed. The Fourth, Fifth, ...
1. Valerie Gonzalez
“Constitutional Provisions”
The constitution protects the integrity of criminal process and
the basic components. According to Schubert (2015), the basic
components are “(1) the wrongful act, (2) the guilty mind, (3)
the concurrence of act and intent, and (4) in some crimes
causation. To obtain a conviction in a criminal case, the
government has to establish each of these components beyond a
reasonable doubt (p.258).” and according to Schubert (2015),
criminal procedure is “that area of the law that deals with the
administration of criminal justice, from the initial investigation
of a crime and the arrest of a suspect, through trial, sentence,
and release (p. 277).”
Therefore, with the required basic components listed above and
the following Amendments this is how the constitution protects
the integrity of the criminal process. These key Amendments are
the Fourth, Fifth, Sixth, Eighth, and Fourteenth (Schubert,
2015, p. 278). These amendments afford the constitutional
limitations on the way governmental officials may proceed in a
criminal investigation. According to Schubert (2015),
“investigating criminal offenses and prosecuting alleged
criminal offenders are primarily contained in the very general
statements of the Fourth, Fifth, Sixth, Eighth, and Fourteenth
Amendments to the U.S. Constitution.”
In my opinion, these amendments provide adequate protection
as they have for decades. As the saying goes “if it ain’t broke
don’t fix it.”
2. Mariana Monima
Laws are set in place to ensure individuals' interactions with
others and the government are not unruly. Specific laws have
been created to provide specific direction to solve disputes
among citizens with the initial complaint, through the trial, and
judgment. The laws also provide protection to the citizens to
ensure the government provides a fair trial to the parties
involved.
Criminal procedure begins when an individual commits a
crime which is reported to the authorities. In order for an
officer to conduct an arrest, they must have probable cause to
obtain a search warrant and, if necessary, an arrest warrant. The
Fourth Amendment prevents authorities from searching citizens'
homes or personal property illegally, even if doing so to find
evidence to be used in the prosecution of the individual.
Once the trial begins, the Fifth Amendment provides an
individual the right to stay silent to avoid giving any
information which may incriminate them further. The Sixth
Amendment ensures an individual the right to have a speedy
trial in order avoid a longer than necessary jail sentence while
waiting for trial. The Sixth Amendment also assures the
defendant has the right to a fair jury, which is carefully selected
to avoid a biased judgment. The Eighth Amendment prevents
the sentences from being unreasonable compared to the crime
committed.
Procedural due process makes justice more likely to occur
when the correct procedures have been followed. The Fourth,
Fifth, Sixth, and Eighth Amendments provide an individual the
adequate protections necessary to avoid being tried unfairly or
to receive an unjust sentence.
1
3. Saint Leo University
CRM/POL 123
Introduction to Law and the Legal System
Course Description:
This course is an introductory survey of the history, structures,
and processes of the U.S. legal system.
It is designed to be taken as a first University-level course in
law and should precede more specialized
courses such as criminal, business, or constitutional law.
Covered are basic legal concepts such as due
process, the structure of the U.S. court system, and the major
subdivisions of law such as civil procedure,
criminal procedure, and the law of torts. The role of law in
society, the analysis of judicial reasoning, and
the application of legal concepts to factual situations are
stressed.
Prerequisite:
None
Textbook:
The textbook information which appears on our Saint Leo
Bookstore ordering site is as follows:
Schubert (2015). Introduction to Law and the Legal System
11thEdition. Loose-leaf
(Custom) ISBN-13: 978-1-337-68560-3
Schubert (2015). Introduction to Law and the Legal System
11thEdition. E-Book
(Custom) ISBN-13: 978-1-337-56847-0
4. Your custom textbook was created from the following National
text(s):
Schubert (2015). Introduction to Law and the Legal System 11th
Edition
ISBN-13: 978-1-285-43825-2
Ch. 1-9
Samaha (2015). Criminal Procedure 9th Edition
ISBN-13: 978-1-285-45787-1
Ch. 1-8, 10 & 15
Course Objectives:
1. Students must demonstrate a basic understanding of legal
concepts such as substantive and
procedural due process, constitutional interpretation, appellate
review, and the history of the U.S.
legal system.
2. Students must be familiar with the structure and jurisdiction
of the U.S. court systems.
3. Students must demonstrate a basic familiarity with civil
procedure.
4. Students should be able to demonstrate that they can brief
and understand appellate court
decisions.
5. Students should be able to demonstrate that they know how to
apply case and statutory law to
factual situations.
6. Students must demonstrate a basic familiarity with criminal
law and procedure.
7. Students must be aware of the applications of equity and the
spectrum of judicial remedies.
5. 8. Students must demonstrate a basic familiarity with alternative
dispute resolution.
9. Students must demonstrate a basic familiarity with contracts.
10. Students must demonstrate a basic familiarity with the law
of torts.
11. Students must demonstrate a basic familiarity with the
relationship between legislation and court
law.
12. Students must be aware of the applications of administrative
regulations.
Core Value:
2
Personal Development: Saint Leo University stresses the
development of every person’s mind, spirit, and
body for a balanced life. All members of the Saint Leo
University community must demonstrate their
commitment to personal development to help strengthen the
character of our community.
Evaluation:
Assignment % of Grade
Discussions (8) 8
6. Case Briefs (4) 32
Case Analyses (5) 60
Total 100%
Grading Scale
Grade Score (%)
A 94-100%
A- 90-93%
B+ 87-89%
B 84-86%
B- 80-83%
C+ 77-79%
C 74-76%
C- 70-73%
D+ 67-69%
D 60-66%
F <60%
3
Module 1 Introduction to the Law
Objectives: When you complete this module, you should be
able to:
▪ Prepare a written case brief.
Assignments:
7. Items to be Completed: Due No Later Than:
Read assigned materials
Post introduction to the class Thursday 11:59 PM EST/EDT
Post an initial response to the discussion question Thursday
11:59 PM EST/EDT
Post responses to at least two classmates Sunday 11:59 PM
EST/EDT
Submit Case Brief assignment Sunday 11:59 PM EST/EDT
Module 2 Due Process
Objectives: When you complete this module, you should be
able to:
▪ Evaluate facts in a hypothetical legal scenario.
▪ Apply case and statutory law based on due process analysis.
Assignments:
8. Items to be Completed: Due No Later Than:
Read assigned materials
Post initial response to the discussion question Thursday 11:59
PM EST/EDT
Post responses to at least two classmates Sunday 11:59 PM
EST/EDT
Submit Case Analysis assignment Sunday 11:59 PM EST/EDT
4
Module 3 Civil Procedure
Objectives: When you complete this module, you should be
able to:
▪ Order the steps in the civil litigation process.
▪ Prepare a written case brief.
▪ Evaluate facts in a hypothetical legal scenario.
▪ Apply case and statutory law based on civil procedure
analysis.
Assignments:
Items to be Completed: Due No Later Than:
9. Read assigned materials
Post initial response to the discussion question Thursday 11:59
PM EST/EDT
Post responses to at least two classmates Sunday 11:59 PM
EST/EDT
Submit Case Analysis assignment Sunday 11:59 PM EST/EDT
Module 4 Criminal Law
Objectives: When you complete this module, you should be
able to:
▪ Identify the four components of a criminal offense.
▪ Define actus reus and mens rea.
▪ Prepare a written case brief.
10. Assignments:
Items to be Completed: Due No Later Than:
Read assigned materials
Post initial response to the discussion question Thursday 11:59
PM EST/EDT
Post responses to at least two classmates Sunday 11:59 PM
EST/EDT
Module 5 Criminal Procedure
5
Objectives: When you complete this module, you should be
able to:
▪ Describe the preliminary stages of criminal proceedings prior
to trial.
▪ Order the procedural steps in a typical criminal trial.
11. ▪ Evaluate facts in a hypothetical legal scenario.
▪ Apply case and statutory law based on criminal procedure
analysis.
Assignments:
Items to be Completed: Due No Later Than:
Read assigned materials
Post initial response to the discussion question Thursday 11:59
PM EST/EDT
Post responses to at least two classmates Sunday 11:59 PM
EST/EDT
Submit Case Analysis assignment Sunday 11:59 PM EST/EDT
Module 6 Intentional Torts
Objectives: When you complete this module, you should be
able to:
▪ Identify the historical origins of modern tort law.
12. ▪ Identify the three types of civil wrongs that comprise modern
tort law.
▪ Identify the different types of intentional torts.
▪ Prepare a written case brief.
Assignments:
Items to be Completed: Due No Later Than:
Read assigned materials
Post initial response to the discussion question Thursday 11:59
PM EST/EDT
Post responses to at least two classmates Sunday 11:59 PM
EST/EDT
Module 7 Negligent Torts
13. Objectives: When you complete this module, you should be
able to:
6
▪ Identify the elements necessary to establish negligence.
▪ Identify the defenses to negligence.
▪ Evaluate facts in a hypothetical legal scenario.
▪ Apply case and statutory law based on tortious analysis.
Assignments:
Items to be Completed: Due No Later Than:
Read assigned materials
Post initial response to the discussion question Thursday 11:59
PM EST/EDT
Post responses to at least two classmates Sunday 11:59 PM
EST/EDT
Submit Case Analysis assignment Sunday 11:59 PM EST/EDT
14. Module 8 Ethics
Objectives: When you complete this module, you should be
able to:
▪ Identify ethics as a branch of philosophy that studies morality.
▪ Apply to egoist perspective to an ethical scenario.
▪ Evaluate facts in a hypothetical legal scenario.
▪ Apply case and statutory law based on ethical analysis.
Assignments:
Items to be Completed: Due No Later Than:
Read assigned materials
Post initial response to the discussion question Thursday 11:59
PM EST/EDT
Post responses to at least two classmates Sunday 11:59 PM
EST/EDT
Submit Case Analysis assignment Sunday 11:59 PM EST/EDT