Chapter 1 Criminal Law PDF

CHAPTER 1 DECLARATION OF INDEPENDENCEOn July 4, 1776, after months of deliberation and while the American colonists fought the Revo-lutionary War, the Second Continental Congress adopted the Declaration of Independence. Its purpose was to abolish all allegiance to Great Britain and the King and ann...

CHAPTER 1 DECLARATION OF INDEPENDENCEOn July 4, 1776, after months of deliberation and while the American colonists fought the Revo-lutionary War, the Second Continental Congress adopted the Declaration of Independence. Its purpose was to abolish all allegiance to Great Britain and the King and announce the American colonies as free and independent states having the power to levy war, declare peace, contract alliances, establish commerce, and do all other acts that independent states may do. In support of the Declaration of Independence, the colo-nists pledged to each other their lives, fortunes, and honor.Under the rule of the British crown, the colo-nists experienced repeated injustices that are reflected in the grievances listed in the Declara-tion of Independence. Some of those grievances are: British officials and the army conducted intrusive searches of homes and ships. The colonists were required to provide food, provisions, and housing to the British army. The colonists were taxed despite having no elected representation in British Parliament, and trade was cut off. British officials accused of murder were not tried in America, and trials by jury were denied. The laws of the colonists were abolished by British Parliament. The King waged war against the colonists, destroying cities and forcing imprisoned colonists to fight against other colonists.The abuses of governmental power experienced by the colonists led to three core principles set forth in the Declaration of Independence:1. Self-evident truths that everyone is created equal and born with certain unalienable rights, including life, liberty, and the pursuit of happiness.2. The purpose of government is to protect the rights of people with the powers given to it by the people.3. The people have a duty and right to over-throw an unjust government that continues to abuse its responsibility to the people.U.S. CONSTITUTIONOn June 21, 1788, after the agreed number of states adopted the United States Constitution, it became the official document governing the United States of America. The purpose of the Constitution is to form a more perfect union, establish a system of justice, provide domestic peace and a common defense, promote generalwelfare, and secure liberties. While the Declara-tion of Independence declared the foundational principles of government, the Constitution is the supreme force of law.The Declaration of Independence is the thought underlying the text of the Constitution, and it is safe to read the letter of the Constitution in the spirit of the Declaration of Independence. Gulf, Colorado & Santa Fe Railway Company v. Ellis, 165 U.S. 150, 160 (1897).Three main functions of the Constitution1. Establish the framework of government to ensure proper checks and balances.2. Delegate and assign power to the government.3. Restrain powers of governmental agents in order to protect individual rights.Three Branches of the Federal Government Legislative Branch (Article I) (lawmakers)The legislative branch is bicameral, meaning it has two chambers, which are together called the Congress: The Senate: Two members from each state. The House of Representatives: 435 mem-bers apportioned based on population. No fewer than one per state.Congress is responsible for passing laws. The following types of laws cannot be constitution-ally passed: Bills ofAttainder: Laws naming individuals or an ascertainable group designed to pun-ish them without a trial. Ex Post Facto laws: Laws punishing con-duct that occurred before the law waspassed. Executive Branch (Article II) (enforcement)The executive branch is responsible for the following: Making treaties. Appointing federal judges. Enforcing laws through executive branch agencies (e.g., FBI, DEA, and Secret Service).Judicial Branch (Article III) (interprets laws and treaties)The judicial branch has jurisdiction in the fol-lowing areas: Reviews constitutional questions and treaties. Interprets the laws of the United States. Resolves controversies between states.The Supreme Court held that it has the power to review the constitutional validity of actions taken by the other two branches of government as long as there is a case or controversy. The Supreme Court also has the power to declare acts of Congress uncon-stitutional. Marbury v. Madison, 5 U.S. 137 (1803).Bill of Rights The Constitution was adopted by the states under the agreement that the Constitution wouldbe amended to provide for certain individual rights and liberties that protect against the gov-ernment's misuse of powers granted under the Constitution. On December 15, 1791, the first ten amendments to the Constitution were adopted and were called the Bill of Rights. Several of these amendments represent rights and liberties that the American colonists were deprived of under British rule. The Bill of Rights are described within the chart on the following page. The Fourteenth AmendmentThe Fourteenth Amendment was ratified July 9, 1868, and establishes that persons in the United States have dual citizenship. They are citizens of both the United States and their individual states. The Bill of Rights establishes the basic rights that all citizens in the United States pos-sess. The individual states may give more rights, but they cannot give fewer. Additionally, the Fourteenth Amendment prohibits states from depriving a person of life, liberty, or property without due process of law or denying a person the equal protection of the laws. BILL OF RIGHTS Protects freedoms of religion, speech, the press, assembly, and petition. °First Amendment ° ° °The freedoms of speech and the press protect the right of expression without unjustified governmental interference.The freedom of assembly protects right of the people to peaceably assemble for lawful purposes.The freedom to petition protects the right to petition the government for a redress of grievances.SecondAmendment ThirdAmendment Fourth Amendment Protects the right to keep and bear arms. Prohibits the forcible housing of a soldier in a time of peace without the consent of the homeowner. Protects against unreasonable searches and seizures of a person or a person's houses, papers, and effects. Requires that a warrant for a search or seizure must be based on probable cause and supported by oath or affirmation. Guarantees that a person cannot be: °Fifth AmendmentRequired to answer for a capital offense unless a grand jury issues an indictment or a presentment. ° Subjected to double jeopardy.° Compelled to incriminate himself or herself in a criminal case. ° Deprived of life, liberty, or property without the due process of law.Deprived of private property taken for public use without just compensation. Establishes that a criminal defendant has the right to: °A speedy and public trial by an impartial jury. Sixth Amendment Seventh Amendment Eighth Amendment Ninth Amendment Tenth Amendment° Be informed of the nature and cause of the accusation. ° Confront the witnesses against him or her.° A compulsory process for obtaining favorable witnesses. ° Effective assistance of counsel for his or her defense. Establishes the right to a jury trial in federal civil cases if the value in controversy exceeds twenty dollars, and the case is considered a suit at common law. Prohibits excessive bail and fines and cruel and unusual punishments. States that the express grant of certain rights under the Constitution does not mean that other rights retained by the people are denied or disparaged. Establishes the power of state government in relation to the federal government by stating that the powers not delegated to the federal government under the Constitution, nor prohibited to the states, are reserved to the states or the people. Due Process Both the Fifth and Fourteenth Amendmentsguarantee that no person shall be deprived of life, liberty, or property without due process of law. The Fifth Amendment's Due Process Clause is applicable to the federal government, and the Fourteenth Amendment's Due Process Clause is applicable to the states. The Due Pro-cess clauses prohibit the government from arbi-trarily or unreasonably depriving a person of life, liberty, or property. The essential purpose of due process is to ensure fundamental fairness. There are two types of due process: procedural due process and substantive due process.Procedural Due ProcessProcedural due process examines the procedure required by the government when the govern-ment seeks to deprive people of life, liberty, or property. In general, the more important the person's interest that will be affected, the more process the government must afford. The basic requirements of procedural due process are notice and an opportunity to be heard by an impartial decision maker. Examples of procedural due process protections that may be required include: Right to counsel. Right to a jury trial. Right to confront witnesses. Right against compelled self-incrimination.Substantive Due ProcessSubstantive due process examines the govern-ment's power to deprive a person of life, liberty, or property regardless of the procedures followed by the government. In general, the more impor-tant the person's interest that will be affected, the more compelling the government's reason for the law must be, and there must be a greater necessity for the chosen means. For example, if a state statute is enacted that makes it a misdemeanor for a person to speak in public, this statute will violate substantive due process no matter how fair the process of enactment and enforcement are.Difference between Types of Due ProcessIn procedural due process claims, the deprivation by state action of a constitutionally pro-tected interest in life, liberty, or property isnot in and of itself unconstitutional; what is unconstitutional is the deprivation of such an interest without due process of law. Procedural due process rules are meant to protect persons not from the deprivation, but from the mis-taken or unjustified deprivation of life, liberty, or property. A procedural due process violation occurs when the government unlawfully inter-feres with a protected property or liberty inter-est without providing adequate procedural safeguards.Substantive due process protects individual liberty and property interests from arbitrary government actions regardless of the fairness of any implementing procedures. The right to substantive due process is violated when legislation is unreasonable and clearly arbitrary, having no reasonable relationship to the health, safety, morals, and general welfare of the public. Rights the courts have considered fundamental, such as those relating to family and procreation, receive heightened protections against govern-ment interference.Procedural due process differs from sub-stantive due process in that procedural due process principles protect persons from deficient procedures that lead to the deprivation of cognizable interests in life, liberty, or property. A substantive due pro-cess claim is, fundamentally, not a claim of procedural deficiency, but, rather, a claim that a state's unjustified deprivation of a cognizable interest is inherently impermissible. Bonner v. City of Brighton, 495 Mich. 209 (2014). Equal ProtectionUnder the Fourteenth Amendment, "No State shall... deny to any person within its juris-diction the equal protection of the laws." This means that no person or class of persons shall be denied the same protection of the laws that is enjoyed by other persons or other classes in like circumstances. The Equal Protection Clause requires that any discriminatory law be justified by an appropriate governmental interest fur-thered by the differential treatment. Black's Law Dictionary (10thed. 2014). PRIVACY UNDER THE CONSTITUTIONA right to privacy is not expressly granted under the Constitution. However, the United States Supreme Court has recognized an implied right of privacy that has been characterized as the right to be left alone. These rights derive from constitutional amendments, such as the First, Third, Fourth, Fifth, Ninth, and Fourteenth Amendments, and are protected from unrea-sonable governmental intrusion. For example, the United States Supreme Court has held that certain intimate activities relating to marriage, procreation, and child rearing are protected as matters of personal privacy, and the Fourth Amendment protects people from warrantless searches of homes and seizures of persons or objects in which they have a reasonable expec-tation of privacy.POLITICAL PARTICIPATIONPrimarily under the First and Fourteenth Amendments, the Constitution provides cer-tain rights that are related to a person's ability to engage in political activities and participate in the political process. The freedom of speech protects political expression as a fundamen-tal right because speech is an essential aspect of democracy. Similarly, the protection of the freedom of assembly and association under the Constitution ensures that people are allowed to politically organize and be free from the imposi-tion of the views of other persons. Furthermore, the rights to be a candidate to hold public office, vote, and participate in elections on an equal basis with other citizens are protected as funda-mental political rights.MICHIGAN CONSTITUTION AND UNITED STATES CONSTITUTIONGenerally, the Michigan Constitution closely fol-lows the United States Constitution. Although there are textual differences between the two, Michigan courts usually interpret provisions in the Michigan Constitution the same as the United States Supreme Court interprets simi-lar provisions in the United States Constitu-tion. However, Michigan may provide more5protections to citizens than what is provided in the United States Constitution. The following are examples of these principles:Although sobriety checkpoints aimed at reducing drunk driving within the State of Michigan do not violate the search and sei-zure provisions of the Fourth Amendment, the Michigan Supreme Court has held that sobriety checkpoints violate the search and seizure provisions of the Michigan Consti-tution. Sitz v. Department of State Police, 443 Mich. 744 (1993). The Michigan Constitution, Article I, Sec-tion 11, prohibits unreasonable searches and seizures; however, there is a clause in the section that states the provisions do not bar narcotics and certain dangerous weapons seized by a peace officer out-side the curtilage of any dwelling house from being admissible at trial. The United States Supreme Court has held that evi-dence seized as a result of unreasonable searches and seizures in violation of the Fourth Amendment are inadmissible in a state court. For example, a gun found ille-gally during a traffic stop would be inad-missible at trial under the United States Constitution, but would be admissible at trial under the Michigan Constitution. The Michigan Supreme Court held that this clause is in conflict with the United States Constitution and a United States Supreme Court decision, and the provision could not stand. People v. Pennington, 383 Mich. 611 (1970).The Michigan Constitution, Article I, Section 17, prohibits a person from being com-pelled in any criminal case to be a witness against himself and deprivation of life, liberty, or property without due process of the law. The self-incrimination provision of the Michigan Constitution is nearly identical to self-incrimination provision of the United States Constitution. The Michigan Supreme Court, like the United States Supreme Court, applies Miranda only to custodial interrogations. People v. Hill, 429 Mich. 382 (1987). FOOT SOLDIERS OF THE CONSTITUTIONWhile the judicial branch interprets the Constitution when deciding cases, courts generally lack the ability to enforce judicial opinions. It is police officers who are uniquely situated as enforcers of the Constitution, as interpreted by state and federal courts. In establishing America's independence, it was essential to the founders of our nation that the Constitution provide for a system of governance based on powers granted by the people. Consequently, ensuring that the people believe police actions are appropriate and just is a democratic goal embodied in the Constitution. Constitutional policing is an approach to enforcing the law in a manner that respects constitutional require-ments in order for the people to find this legiti-macy in police actions. In addition to constitutional policing, proce-dural justice focuses on principles of fairness when interacting with the public by requiringthat minimum legal standards are met in the performance of a police officer's duties. Pro-cedural fairness is based on the following principles: Interact with the public with dignity and respect. Enforce the law in an impartial manner. Allow the parties to a dispute an opportunity to express their opinion.