The Constitution

Paper Summary:

This paper discusses the general guidelines that the Constitution has given to the system of justice regarding the Fourth, Fifth, Sixth and Eighth Amendments. It reviews how they are being interpreted and updated by the courts as time passes and society evolves. It covers some of the recent court decisions and their impact on rights, safeguards and due process. It also includes a discussion on search and seizure rights in the computer age.

Outline:
Introduction
The Fourth Amendment
Technological Invasions of Privacy
Traffic Stops by Officers
The Fifth Amendment's Protection against Self-Incrimination
The Sixth Amendment's Recent Effect on Criminal Law
The Eighth Amendment and Los Angeles Police Chief Bill Bratton
Works Cited

From the Paper:

"First and foremost for law enforcement, well-versed knowledge of the laws on search and seizure is pivotal to understanding what rights police officers have in the community. The Fourth Amendment to the Constitution relates directly to the rights of an officer of the law to search a) persons for evidence, b) "search places and things" and c) to seize evidence, according to Kanovitz & Kanovitz (159). The authors go on to say that there are different kinds of searches, but to conduct a "full search," an officer must nearly always have a warrant; and, the authors go on (164), even with an arrest, there are "defined boundaries.""

Sample of Sources Used:

• American Civil Liberties Union. "Racial Equality." 26 Oct. 2004. Retrieved 22 April 2006 from http://www.aclu.org/RacialEquality/RacialEqualitylist.crm?c=133.
• Kanovitz, Jacqueline R.; & Kanovitz, Michael I. (2005). Constitutional Law. Cincinnati: LexisNexis.
• Matthewman, William D. (2006). Crawford's impact on Florida criminal law: what's in and What's out in the world of hearsay. Florida Bar Journal, 80(4), 10-16.
• Muir, Andrew. (2006). Los Angeles: Bratton's Setback. Newsweek. Retrieved 22 April 2006 From Expanded Academic ASAP Plus.
• Nederhood, Robert. (2005). All Or Nothing: The Supreme Court Answers The Question "What's In A Name." The Journal of Criminal law & Criminal Law & Criminology. 95(3), 809-815.

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