Criminal Justice: CRJU 2220 Constitutional Law

Checkout these books from your campus library about the U.S. Constitution

Constitutional Law and the Criminal Justice System

In the Constitution Law class, students will learn about the following topics relating to The Constitution and criminal justice:

Historic Overview

Overview of the U.S. legal system

U.S. Supreme court: final word

Equal protection under the law: Balancing individual, state, and federal rights

First Amendment: Basic freedoms

Second Amendment: Gun control controversy

4th Amendment: search and seizure

Conducting constitutional searches and seizures

5th Amendment: Obtaining information legally

Sixth Amendment: Right to counsel and fair trial

8th Amendment: Bail & fines

Remaining Amendments & returning to The Constitution

Primary Sources of law for both State and Federal: 

The Constitution

Statutes

Common law

Judicial, Executive, and Legislative branch of governments play vital roles in the U.S. legal system, in order to keep a check and balance of powers. The Legislative branch has the power to enact a bill which becomes law if the majority of Congress votes to pass or two thirds if vetoed by President. The Judicial branch only has the powers delegated by the U.S. Constitution. The Executive branch enforces the laws created by the Legislative branch.

The U.S. Constitution establishes a federal system of Government in which it gives specific powers to the federal government and all other powers not delegated to the federal government will remain with the states. Each state has its own Constitution. The U.S. Constitution establishes the Judicial Branch of Government and gives authority to the federal courts.  Decisions of the court systems are based on the doctrine of stare decisis.

Stare decisis holds that law decided in prior courts are binding on that court and lower courts within the jurisdiction unless justice demands otherwise. These prior decisions or laws are known as precedents.

Decisions by the US Supreme Court are binding on all federal and state courts.

The Bill of Rights contains the first ten Amendments to the U.S. Constitution. The Bill of Rights was written to limit federal power and safeguard individual liberties. 

1st Amendment: freedom of religion, speech, press, assemble, and petition

2nd Amendment: Right to keep and bear arms

3rd Amendment: Prohibits the involuntary quartering of soldiers in private houses

4th Amendment: Secures the people against unreasonable searches and seizures and forbids the issuance of warrants except upon probable cause and directed to specific persons and places. 

5th Amendment: Imposes restrictions on the government's prosecution of persons accused of crimes. It prohibits self-incrimination and double jeopardy and mandates due process of law.

6th Amendment: An accused person is to have a speedy and fair public trial by jury, to be informed of the nature of the accusation, to be confronted with prosecution witnesses, and to have the assistance of counsel. 

7th Amendment: Formally established the right to trial by jury in civil cases.

8th Amendment: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted

9th Amendment: Protects unenumerated residual rights of the people

10th amendment: Powers not delegated to the United States are reserved to the states or the people 

• The Bill of Rights Institute 

  A 501(c)(3) non-profit educational organization that works to engage, educate, and empower individuals with a passion for the freedom and opportunity that exist in a free society. The Institute develops educational resources and programs for a network of more than 50,000 educators and 70,000 students nationwide.

   
• Find Law 

  Contains a wealth of free, up-to-date, and easily understandable legal information and tools. Offers the most comprehensive lawyer directory on the internet.

   
• The First Amendment Encyclopedia collection 

  Contains more than 1,500 articles on First Amendment topics, court cases and history digitized and updated for online usage

   
• Interactive Constitution 

  Learn about the text, history, and meaning of the U.S. Constitution from leading scholars of diverse legal and philosophical perspectives.

   
• The National Constitution Center 

  A private, nonprofit organization, the Center serves as America’s leading platform for constitutional education and debate, fulfilling its congressional charter “to disseminate information about the U.S. Constitution on a nonpartisan basis.”

   
• The Public Library of Law 

  Website allows the user to search case law, statutes, court rules and constitutions. Registration (free) is required to access some areas.

   
• Teaching American History: The Bill of Rights 

  A project of the Ashbrook Center at Ashland University. The Ashbrook Center is an independent, non-partisan non-profit, the mission of which is to restore and strengthen the capacities of the American people for constitutional self-government. To fulfill this mission, Ashbrook offers educational programs for students, teachers, and citizens.

   
• Constitution of the United States 

  Information on the U.S. Constitution by the United States Senate