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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 .
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How do these readings ( Chapter 1 of LaMorte and Corkill et al. (n.d.) article) change the view of the role of a school or organizational leader and implementation of the law? LaMorte, M. (2012). School law: Cases and concepts. 10th edition. Pearson Education: London, England. CHAPTER 1: Educational Governance: Sources of Law and the Courts Governance in the United States is based on the notion that we are “a nation of laws and not of men.” In other words, we are governed by the rule of law and not by the whims of those in power who openly flout the law. Consequently, those involved in making and enforcing public school policy should ensure that their actions are lawful. Educational policy may not be enforced arbitrarily or capriciously but must be based on such appropriate legal authority as federal or state constitutional or statutory provisions, state board of education or state department of education regulations, case law, or local school board policy. However, there are several forces operating that at times make it difficult for those who administer public schools to function in a lawful manner. These forces include a system of government comprised of several levels and corresponding branches that bear on the educational enterprise; changing and sometimes conflicting laws or policies emanating from these levels and branches; and a climate of legal uncertainty that sometimes surrounds controversial educational issues that become highly politicized. Under the U.S. system of government, the three levels—federal, state, and local—all have a voice in educational matters, although they may not necessarily be in unison. Difficulties may also develop when areas of educational governance overlap considerably in responsibility among the three levels of government and their corresponding branches— executive, legislative, and judicial. These difficulties may be exacerbated not only by the unclear delineation of authority but also in determining with certainty which authority is supreme when irreconcilable conflicts exist. Although education is not specifically mentioned in the federal Constitution, the federal government has had a historic involvement in it. In fact, programs under various federal laws pertaining to K–12 education in recent years have made up nearly 9 percent of the total amount of money expended for public elementary and secondary education. And in the last half of the twentieth century, the federal judiciary often found itself playing the role of a pervasive and significant force in influencing educational policy. Such controversial public education issues as racial segregation in schools, financing of schools, due process for both students and teachers, the role of religion in the schools, searches of students and teachers, and the extent to which students and teachers may engage in freedom of expression were all addressed by the federal judiciary. State government has plenary power* over public education, and this power is ca.
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Saylor URL: http://www.saylor.org/books Saylor.org 1 This text was adapted by The Saylor Foundation under a Creative Commons Attribution-NonCommercial-ShareAlike 3.0 License without attribution as requested by the work’s original creator or licensee. http://creativecommons.org/licenses/by-nc-sa/3.0/ http://www.saylor.org/books http://creativecommons.org/licenses/by-nc-sa/3.0/ http://creativecommons.org/licenses/by-nc-sa/3.0/ Saylor URL: http://www.saylor.org/books Saylor.org 2 Preface Our goal is to provide students with a textbook that is up to date and comprehensive in its coverage of legal and regulatory issues—and organized to permit instructors to tailor the materials to their particular approach. This book engages students by relating law to everyday events with which they are already familiar (or with which they are familiarizing themselves in other business courses) and by its clear, concise, and readable style. (An earlier business law text by authors Lieberman and Siedel was hailed “the best written text in a very crowded field.”) This textbook provides context and essential concepts across the entire range of legal issues with which managers and business executives must grapple. The text provides the vocabulary and legal acumen necessary for businesspeople to talk in an educated way to their customers, employees, suppliers, government officials—and to their own lawyers. Traditional publishers often create confusion among customers in the text selection process by offering a huge array of publications. Once a text is selected, customers might still have to customize the text to meet their needs. For example, publishers usually offer books that include either case summaries or excerpted cases, but some instructors prefer to combine case summaries with a few excerpted cases so that students can experience reading original material. Likewise, the manner in which most conventional texts incorporate video is cumbersome because the videos are contained in a separate library, which makes access more complicating for instructors and students. This model eliminates the need for “families” of books (such as the ten Miller texts mentioned below) and greatly simplifies text selection. Instructors have only to select between our Business Law and Legal Environment volumes of the text and then click on the features they want (as opposed to trying to compare the large number of texts and packages offered by other publishers). In addition to the features inherent in any publication, this book offers these unique features: • Cases are available in excerpted and summarized format, thus enabling instructors to easily “mix and match” excerpted cases with case summaries. • Links to forms and uniform laws are embedded in the text. For example, the chapters on contract law incorporate discussion of various sections of the Uniform Commercial Code, which is available at http://www.law.
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Over the course of the term, this course has focused on the concepts of Individual Rights as protected under the Bill of Rights, as well as the role of the legal systems and its unrelenting pursuit of Social Order. Each concept balances the other to ensure that rules, institutions, and public initiatives can be executed in a standardized and judicious manner for the benefit of a civilized society. Review the following in preparation to follow a systematic approach to your synthesis of law and fact: Champion, D. J., Hartley, R. D., & Rabe, G.A. (2012). Chapter 1 Law: The Legal Battlefield. In Criminal courts: Structure, process, and issues (3rd ed.). Upper Saddle River, NJ: Pearson Education, Inc. Write a ten to fifteen (10-15) page paper in which you: Explain the difference in individual rights and social order, and examine the major effects of both on the legal system overall. Choose one (1) of the social controls discussed within Chapter 1, and give your opinion as to the amendment which offers the most protection of the social control that you selected. Address whether the chosen Amendment is simply an instrument of protection to ensure that the rights and liberties of citizens are secure, whether it provides a framework to facilitate citizen / governmental interactions, or both. Explain the answer. Discuss the essentials ways in which the law effectuates social change in American society through judicial activism. Provide a rationale for the response. Examine the overall importance of both substantive law and procedural law. Suggest three (3) ways in which these two (2) types of laws can protect both individual rights and social order. Discuss the invaluable aspects of substantive and procedural in keeping the adversarial system in balance while protecting individual rights and social order. Justify the response. Analyze the key differences between criminal law, civil law, and administrative law. Discuss the role of each when criminal and administrative law or civil and administrative law intersects in the litigation process.Propose two (2) ways in which these three (3) types of laws protect individual rights and social order. Justify the response. Review the three (3) functions of law. Explain the essential manner in which the law overall ensures the existence of adequate order, provides resolutions to conflicts, and protects civil liberties (e.g., freedom of thought, belief, expression, and assembly; protection against unreasonable searches and seizures; and provisions for a court hearing prior to government taking of property) as set forth in the U.S. Constitution. Debate whether or not social control(s), as a function of law, play a fundamentally positive/creative role or negative / restrictive role in the development of modern American law. Provide a rationale for the response. Use at least two (2) quality references. Note: Wikipedia and other Websites do not quality as academic resources. Your assignment must follow these.
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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 .
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Saylor URL: http://www.saylor.org/books Saylor.org 1 This text was adapted by The Saylor Foundation under a Creative Commons Attribution-NonCommercial-ShareAlike 3.0 License without attribution as requested by the work’s original creator or licensee. http://creativecommons.org/licenses/by-nc-sa/3.0/ http://www.saylor.org/books http://creativecommons.org/licenses/by-nc-sa/3.0/ http://creativecommons.org/licenses/by-nc-sa/3.0/ Saylor URL: http://www.saylor.org/books Saylor.org 2 Preface Our goal is to provide students with a textbook that is up to date and comprehensive in its coverage of legal and regulatory issues—and organized to permit instructors to tailor the materials to their particular approach. This book engages students by relating law to everyday events with which they are already familiar (or with which they are familiarizing themselves in other business courses) and by its clear, concise, and readable style. (An earlier business law text by authors Lieberman and Siedel was hailed “the best written text in a very crowded field.”) This textbook provides context and essential concepts across the entire range of legal issues with which managers and business executives must grapple. The text provides the vocabulary and legal acumen necessary for businesspeople to talk in an educated way to their customers, employees, suppliers, government officials—and to their own lawyers. Traditional publishers often create confusion among customers in the text selection process by offering a huge array of publications. Once a text is selected, customers might still have to customize the text to meet their needs. For example, publishers usually offer books that include either case summaries or excerpted cases, but some instructors prefer to combine case summaries with a few excerpted cases so that students can experience reading original material. Likewise, the manner in which most conventional texts incorporate video is cumbersome because the videos are contained in a separate library, which makes access more complicating for instructors and students. This model eliminates the need for “families” of books (such as the ten Miller texts mentioned below) and greatly simplifies text selection. Instructors have only to select between our Business Law and Legal Environment volumes of the text and then click on the features they want (as opposed to trying to compare the large number of texts and packages offered by other publishers). In addition to the features inherent in any publication, this book offers these unique features: • Cases are available in excerpted and summarized format, thus enabling instructors to easily “mix and match” excerpted cases with case summaries. • Links to forms and uniform laws are embedded in the text. For example, the chapters on contract law incorporate discussion of various sections of the Uniform Commercial Code, which is available at http://www.law.
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Chapter 2 The Law of Education Introduction This chapter describes the various agencies and types of law that affect education. It also discusses the organization and functions of the various judicial bodies that have an impact on education. School leadership candidates are introduced to standards of review, significant federal civil rights laws, the contents of legal decisions, and a sample legal brief. Focus Questions 1. How are federal courts organized, and what kind of decisions do they make? 2. What is law? How is law different from policy? 3. From what source does the authority of local boards of education emanate? 4. How can campus and district leaders remain current with changes in law and policy at the national and state level? Key Terms 1. 2. 3. 4. En banc 5. 6. 7. 8. 9. 10. 11. Stare decisis 12. 13. 14. 15. Case Study Confused Yet? As far as Elise Daniels was concerned, the monthly meeting of the 20 River County middle school principals was the most informative and relaxing activity in her school year. Twice per year, the principals invited a guest to speak to the group. Elise was particularly interested in the fall special guest speaker, the attorney for the state school boards association. Elise had heard him speak several times, so she was aware of his deep knowledge of school law and emerging issues. As the attorney, spoke Elise found herself becoming more anxious. It was as if the attorney was speaking a foreign language. Tinker rules, due process, Title IX, Office of Civil Rights, and the state bullying law. Elise found herself thinking, “The Americans with Disabilities Act has been amended? How am I supposed to keep up with all of this?” Leadership Perspectives Middle School Principal Elise Daniels in the case study “Confused Yet?” is correct. School law can be confusing. Educators work in a highly regulated environment directly and indirectly impacted by a wide variety of local, state, and federal authorities. When P–12 educators refer to “the law,” they are often referring to state and/or federal statutes enacted by legislatures (). This understanding is correct. The U.S. Congress and 50 state legislatures are active in the law-making business. To make matters more difficult, the law is constantly changing and evolving as new situations arise. For example, 10 years ago few if any states had passed antibullying laws. By 2008, however, almost every state had some form of antibullying legislation on the books. Soon after, the phenomenon of cyberbullying emerged, and state legislators rushed to add cyberbullying and/or electronic bullying to their state education laws. One can only guess at what new real or perceived problem affecting public P–12 schools will be next. P–12 educators also refer to school board policy as “law.” However, law and policy are not necessarily identical. , p. 4) defines policy as “one way through which a political system handles a public problem. It includes a government’s expressed inten.
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Political Structures And Schools
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Political Structures and
Schools A short primer
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