Constitutional Law and Criminal Justice

In 2009, a research study conducted by a group of professors from Sam Houston State University determined that Cliff Roberson was the leading criminal justice author in the United States based upon on his publications and their relevance to the profession.　 —Southwest Journal of Criminal Justice, Vol.6, issue 1, 2009

Introduction to the U.S. Constitution


Introduction


Original Constitution


Bill of Rights


Supreme Law of the Land


Overview of the Judiciary


Supreme Court Justices (2008–2009 Term)


Capstone Case: United States v. Lopez, 514 U.S. 549 (1995)


Questions in Review


The Concept of Due Process


Introduction


States and the Fourteenth Amendment


Police Power


Vagueness


Equal Protection of the Law


Capstone Case: Medina v. California, 505 U.S. 437 (1992)


Questions in Review


Fourth Amendment


History


Overview of the Amendment


What Constitutes a Search?


Probable Cause


Warrants


Arrests


Capstone Case: Atwater v. City of Lago Vista, 149 L. Ed. 2d 549 (2001)


Questions in Review


Fourth Amendment Issues


Introduction


Searches without Warrants


No Reasonable Expection of Privacy Situations


Arrests without Warrants


Terry Stops


Traffic Stops


Scope of the Search


Wiretaps


Capstone Case: Virginia v. Moore, 128 S. Ct. 1598 (2008)


Questions in Review


Exclusionary Rule


Introduction


Exceptions to the Rule


Noncriminal Trial Proceedings


Situations Where the Rule Has Not Been Applied


Exclusionary Rule and the Fifth Amendment


Exclusionary Rule and the Sixth Amendment


Capstone Case: Groh v. Ramirez, 540 U.S. 551 (2004)


Questions in Review


Fifth Amendment Issues


Introduction


Grand Jury


Double Jeopardy


Self-Incrimination


Miranda Warning


Involuntary Confessions


Commenting on Defendant’s Silence


Capstone Case: Missouri v. Seibert, 542 U.S. 600 (2004)


Questions in Review


Sixth Amendment Issues


Introduction


Speedy Trial


Public Trial


Impartial Jury


Trial in the Judicial District in Which the Crime Was Committed


To Be Informed of the Nature and Cause of the Accusation


Right to Confront the Witnesses


To Have a Compulsory Process for Obtaining Witnesses in His Favor


To Have Assistance of Counsel for His Defense


Guilty Pleas


Capstone Case: United States v. Gonzalez-Lopez, 548 U.S. 140 (2006)


Questions in Review


The Eighth Amendment


Introduction


Death Penalty as Cruel and Unusual


Noncapital Punishments


Jail and Prison Conditions as Cruel and Unusual


Court Sentences as Cruel and Unusual


Bail


Capstone Case: Overton v. Bazzetta, 539 U.S. 126 (2003)


Questions in Review


Endnote


The First Amendment


Introduction


Religious Issues


Freedom of the Press


Right to Assemble and Free Speech


Petitions to the Government


Right of Privacy


Obscenity


Students and the First Amendment


Prisoners and the First Amendment


Capstone Case: Morse v. Frederick, 127 S. Ct. 2618 (2007)


Questions in Review


Civil Liability and the Criminal Justice Professional


Introduction


Federal Civil Rights


Under Color of Law


Liability of Federal Agents under 42 USCS § 1983


Officer’s Duty to Arrest


Liability of a Public Agency for Failure to Train Its Police Officers


Immunity from Liability


Capstone Case: Wilson v. Layne, 526 U.S. 603, 628 (1999)


Questions in Review


Terrorism and the Writ of Habeas Corpus


Introduction


Boumediene v. Bush Case


Subsequent Proceedings


Questions in Review


Glossary


References


Appendix A: U.S. Constitution


Appendix B: Search Warrants


Appendix C: Grand Jury Indictment, August 2005—at Alexandria, Virginia


Index