Administration of Justice and Constitutional Law

Preface

Chapter 1 The Constitution: The Basis of Criminal Justice In America

By Robert Aberle

Chapter Overview

Chapter Learning Objectives

Keywords

The preamble to the united states constitution

Introduction

Branches of Government

Checks and Balances

Applications to the Criminal Justice System

The Bill of Rights

First Amendment

Overview and Relevance to the Criminal Justice System:

Rights Afforded Under the First Amendment:

Exceptions and Limitations of the Rights Afforded Under the First Amendment:

Second Amendment

Overview and Relevance to the Criminal Justice System:

Rights Afforded Under the Second Amendment:

Exceptions and Limitations of the Rights Afforded Under the Second Amendment:

Fourth Amendment

Overview and Relevance to the Criminal Justice System:

Rights Afforded Under the Fourth Amendment:

Exceptions and Limitations of the Rights Afforded Under the Fourth Amendment:

Fifth Amendment

Overview and Relevance to the Criminal Justice System:

Rights Afforded Under the Fifth Amendment:

Exceptions and Limitations of the Rights Afforded Under the Fifth Amendment:

Sixth Amendment

Overview and Relevance to the Criminal Justice System:

Rights Afforded Under the Sixth Amendment:

Exceptions and Limitations of the Rights Afforded Under the Sixth Amendment:

Eighth Amendment

Overview and Relevance to the Criminal Justice System:

Rights Afforded Under the Eighth Amendment:

Exceptions and Limitations of the Rights Afforded Under the Eighth Amendment:

Fourteenth Amendment

Overview and Relevance to the Criminal Justice System:

Review Questions:

Critical Thinking Questions:

Notes

Chapter 2 The Supreme Court and Constitutional Interpretation

By Gregg Ivers

Chapter Overview

Chapter Learning Objectives

Keywords

Law as Constitutional Foundation

Constitutional Structure

National Government

Separation of Powers

Federalism

Civil and Constitutional Rights

The Debate Over a Bill of Rights

Ratification of the Bill of Rights

The Role of the U.S. Supreme Court in American Politics

Interpreting the Constitution: Legal Formalism

Originalism

Literalism or Textualism

Interpreting the Constitution: Alternatives to Formalism

and Natural Law

Legal Realism

Neutral Principles

Natural Law

In Search of Constitutional Meaning

Summary

Review Questions

Readings and Resources

Legal Information Institute

The Oyez Project

U.S. Archives: The U.S. Constitution

The Federalist Papers

The Brandeis Brief

Exploring Constitutional Conflicts

Fifteen Curious Facts about The Federalist Papers

Your Bill of Rights

Is There a Constitution in This Text?

Chapter 3 Courts: The System

By Robert Aberle

Chapter Overview

Chapter Learning Objectives

Keywords

Development of the American Court System

Civil and Criminal Courts

Jurisdiction

Original Jurisdiction

Limited Jurisdiction

General Jurisdiction

Appellate Jurisdiction

Federal Court System

District Courts

Federal Circuit Courts of Appeals

The United States Supreme Court

State Court System

Trial Courts

Appellate Courts

Review Questions:

Critical Thinking Questions:

Notes

Chapter 4 Freedom of Speech, Assembly, and Press

By Gregg Ivers

Chapter Overview

Chapter Learning Objectives

Keywords

The Framers and Free Speech

War at Home, Enemies Abroad:

Establishing the Early Limits on Political Dissent

The Clear and Present Danger Test

The Bad Tendency Test

World War II, the Cold War, and the Emergence of New Standards

The Imminent Lawless Action Standard Emerges

Protests, Pickets, and Demonstrations: Symbolic Speech

What Is Symbolic Speech?

The Flag Salute Controversy

Protests, Symbolic Speech, and the Vietnam War

Flag Burning

PRotests, Pickets, and Demonstrations: Hate Speech

Cross Burning

Emotional Distress

Free Speech Beyond Political Borders

Public Decency

The Public Airwaves

Public Nudity and Performance

Obscenity

The Struggle to Establish an Obscenity Standard: The Roth Test

Refining the Obscenity Standard: The Miller Test

The New Frontier: The Internet and the Regulation of Digital Media

The Framers and Freedom of the Press

Freedom of the Press and Prior Restraint

The Newspaper That Refused to Stay Gagged

The Pentagon Papers Case

Prior Restraint After the Pentagon Papers

Freedom of the Press and Libel

The “Actual Malice” Standard

Limits of Actual Malice: Public and Private Figures

Summary

Review Questions

Library of Congress: Alien and Sedition Acts

National Security Archive

The First Amendment Center

Actual Malice: Kelly/Warner Law Practice

“Larry Flynt: My Friend, Jerry Falwell”

Chapter 5 The Law of Search and Seizure

By Craig D. Harter

Chapter Overview

Chapter Learning Objectives

Police and the Courts

Fourth Amendment (U.S. Constitution)

Is There a Reasonable Expectation of Privacy?

Administrative Inspections and Regulatory Searches

Search of Students

Drug Testing

Garbage

Network Surveillance

Emails

Electronic Surveillance (Pen Registers)

Parolees

GPS Tracking Devices

Abandoned Property

Private Party Searches

Canine Sniffs

Knock and Announce

Search and Seizure

Warrant Requirements

General Language in the Warrant

Good-Faith Exception

Administrative Errors

Probable Cause

Informants

Undercover Law Enforcement Officers and Confidential Informants

Entrapment

Warrantless Searches and Arrests

Search Incident to a Lawful Arrest

Inventories of Arrestees

Automobile Searches

Motor Homes

Automobile Trunks

Pretext Stops/Roadblock Searches

Bus Sweeps (Common Carrier/Passenger)

Automobile Inventories

Plain View

Open Fields Doctrines

Surveillance

Enhancing the Senses

Consent Searches

Third-Party Consent

Undercover Agents and the Scope of Consent

Stop and Frisk

Hot Pursuit/Exigent Circumstances

The Exclusionary Rule

Pros and Cons of the Exclusionary Rule

Illegally Seized Evidence by Parole Officers

Evidence Obtained by Private Persons, and Used

in Criminal Proceedings

Private Police

Fruit of the Poisonous Tree

Inevitable Discovery

Works Cited

Chapter 6 Police Procedures

By Robert Aberle

Chapter Overview

Chapter Learning Objectives

Keywords

U.S. Supreme Court Hands-off Policy Prior to the 1960s

Arrest

Probable Cause

Stop and Frisk

Terry v. Ohio

Terry v. Ohio

Reasonable Suspicion

Pat-Down

Search

Search

Search with a Warrant

Exclusionary Rule

Mapp v. Ohio

Fruit of the Poisonous Tree Doctrine

E xceptions to the Exclusionary Rule

Good Faith Exception

Inevitable Discovery Exception

E xceptions to the Search Warrant Requirements

Search Incident to a Lawful Arrest

Plain View

Consent Searches

Exigent Circumstances

Vehicle Searches

Interrogation

Miranda v. Arizona

When is Miranda Required?

When is Miranda Not Required?

Review Questions:

Critical Thinking Questions:

Notes

Chapter 7 Custodial Interrogations

By Craig D. Harter

Chapter Overview

Chapter Learning Objectives

The History of Interrogation

The Third Degree

Physically Abusing the Suspect

Police Professionalism and the Rise of the Interrogation Manual

Evolution of Coercion

Modern Tactics Used in Interrogation

Judicial Discretion in Evaluating Confessions

Fifth Amendment of the Constitution

The Miranda Warnings

Custodial Interrogations

Public Safety Exception

When Must an Interrogation Cease?

Interrogation of Minors

Questions Concerning Public Safety

Conversations Likely to Illicit an Incriminating Response

Recorded Conversations

Interceptions of Electronic Communications

Fruit of the Poisonous Tree Doctrine

Right to Counsel

Re-initiation of Interrogation after Right to Counsel Is Invoked

Waiver of Fifth Amendment Rights

Written Statements to Third Parties

Failure to Notify a Suspect That an Attorney Has Been Retained

on His Behalf

Reasonable Expectations of Privacy in Personal Computers

on a University Network

University Computer Networks

World Wide Web Postings

Rights in Content Information

Postal Mail Privacy

History of Telephone Privacy

Pager Communications and Text Message Privacy

Rights in Noncontent Information

Pen Registers

Mail Covers and Postal Mail Privacy

Stored Account Records

Statutory Privacy Laws

The Wiretap Act

The Due Process “Voluntariness” Test

Shortcomings of the “Voluntariness Test”

Double Jeopardy

Works Cited

Chapter 8 Pretrial Activities and the Criminal Trial

By Robert Aberle

Chapter Overview

Chapter Learning Objectives

Keywords

Entering the Criminal Justice System

Booking

Bail and Pretrial Release

Entering the Court System—Pretrial Activities

First Appearance

Preliminary Hearing

The Grand Jury

Information

Arraignment

Plea Bargaining

Legal Issues

Speedy Trial

Right to Counsel

The Criminal Trial

Jury Selection

Opening Statements

The Prosecution’s Case

Motion for Directed Verdict

The Defendant’s Case

Closing Arguments

Jury Instructions

Deliberation

Verdict

Sentencing

Review Questions:

Critical Thinking Questions:

Notes

Chapter 9 Sentencing

By Robert Aberle

Chapter Overview

Chapter Learning Objectives

Keywords

The Philosophies of Punishment

Incapacitation

Deterrence

Restorative Justice

Retribution and Just Deserts

Rehabilitation

Presentence Investigation (PSI)

Sentencing Reform in the United States

Sentencing Models

Indeterminate Sentencing

Structured Sentencing

Determinate Sentencing

Mandatory Sentencing

Presumptive Sentencing

Issues in Sentencing

Aggravating and Mitigating Circumstances

Typical Aggravating Circumstances

Typical Mitigating Circumstances

Concurrent and Consecutive Sentences

Victim Considerations

Death Penalty

The Legality of the Death Penalty

Methods of Execution

The Death Penalty Today

Summary Findings

Review Questions:

Critical Thinking Questions:

Notes