Running head: PROCEDURAL LAW AND THE BILL OF RIGHT 1
PROCEDURAL LAW AND THE BILL OF RIGHT 5
Procedural Law and the Bill of Rights
Benjamin Olubasusi
Strayer University Criminal Procedure: CRJ 325
Professor. Michelle Blank, Attorney at Law
April 30, 2018
The constitution of the United States as described in the bill of right originated from the four essential sources. For example, we have the structures, which include the federal and state, we have the case law, the statutes, and the court rules. The Constitution also is known as the bill of the right contained some rights made available to an accused person in a criminal
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Conner 1989.
In this case, the Supreme Court set a standard for force police officer can lawfully use on a suspect. In reality, Graham, a diabetic patient, had asked Berry, a friend, to drive him to a convenience store to buy orange juice, which he needed to control his condition. Seeing a long line in the store, Graham asked Berry to drive him to a friend's house instead. Based on his suspicion, an officer made an investigative stop and ordered Graham and Berry to wait while he determined what happened in the store. Other officers arrived on the scene, and a force was used, in which Graham sustained multiple injuries.
Mr. Graham was later released when the officer establishes that nothing had happened in the store. Graham then sued the police department, claiming his Fourth Amendment right against unreasonable search and seizure was violated. The Supreme Court later ruled that the police officers be held accountable under the Constitution and federal law for using excessive force on Graham. The court also ruled that such liability must base on the standard of objective sensibleness. (Carmen,
The leading case on use of force is the 1989 Supreme Court decision in Graham v. Connor. In Graham, the plaintiff Graham, a diabetic, asked his friend to drive him to a convenience store to purchase orange juice to counteract the onset of an insulin reaction. Upon entering the store and seeing the number of people ahead of him, Graham hurried out and asked his friend, Berry, to drive him to another friend’s home instead. Defendant, Officer Connor became suspicious after seeing Graham hastily enter and leave the store, followed Berry’s car, and made an investigatory stop ordering the pair to wait while he found out what happened in the store. Berry tried to explain that his friend was having an insulin reaction, but Officer Connor was not convinced. When Connor returned to his patrol car to call for backup, Graham got out of the car, ran around it twice and sat down on the curb, where he passed out.
The Bill of Rights it’s made up from the first 10 amendments. Out of a total of 27 amendments, which the house approved 17 amendments and out of these, the senate approved 12 amendments and these amendments were send out to the states for approval at the end 10 amendments out of these 12 amendments were approved and they are now known as the Bill of Rights. The Bill of Rights indicates all the exact preventions on governmental power. The main point of a bill of rights was to prevent the contention between federalists and anti-federalists, which give out specific limits on government power. The main difference between federalists and
Procedure: Garner’s father brought the action the police officer took in the Federal District Court for the Western District of Tennessee, looking for violations that were made of Garner’s constitutional rights. The complaint was alleged that the shooting of Garner violated the Fourth, Fifth, Sixth, Eighth, and Fourteenth Amendments of the United States Constitution. After a three day trial, the District Court entered judgement for all defendants. It dismissed the claims against the defendants as being the mayor and Officer Hymon and the Police Department as being the director for lack of evidence. Hymon’s actions were then concluded to being constitutional by being under the Tennessee statute. The Court of Appeals affirmed with regard to Hymon, finding that he had acted accordingly to the Tennessee statute. The Court of Appeals then reversed and remanded. It reasoned that the killing of a fleeing suspect is “seizure” under the Fourth Amendment, and is therefore constitutional only if actions are reasonable. In this case the actions were found not to be reasonable. Officers cannot use deadly force unless they have probable cause that the suspect poses a serious threat to the officer or has committed a felony.
The U.S. Constitutional Rights are laws that guarantee the basic rights for the citizens.There are twenty-seven Constitutional Amendments in total, but 10 of them represent The Bill of Rights. The Bill of Rights ensures the basic individual protections such as freedom of speech and religion. The Bill of Rights became part of the Constitution in December 15, 1791 by George Mason.
Working for a law enforcement agency one must be able to make split second decisions regarding the use of force. Graham v. Connor, 490 U.S. 386 (1989) established the standard of “objective reasonableness” for law enforcement (Graham v. Connor, 1989). This case was heard by the Supreme Court after a diabetic man (Graham) was forcibly detained by law enforcement after he was suspected of a crime.
In an 8-to-1 decision, the Court held that the search undertaken by the officer was reasonable under the Fourth Amendment and that the weapons seized could be introduced into evidence against Terry. The Court found that the officer acted on more than an “hunch” and that “a reasonably prudent
The Supreme Court has stated that the calculus of the propriety of an officer’s use of force must include the fact that officers are often forced to make split-second decisions in circumstances that are tense, uncertain and rapidly evolving. Officers who use force in the street are judged under the Objective Reasonableness
The Articles outlined each power the three different branches of government had as well as the state's powers and the process of amending the Constitution. Articles VI and VII establishes the Constitution as the law of the land and describes the requirements needed to ratify the new Constitution. The first ten amendments in the Bill of Rights and the Bill of Rights itself was put in place to protect the individual rights of the people. The Bill of Rights was made to be able to adapt with the nation at time went by and society
Search and seizure is a vital and controversial part of criminal justice, from the streets to the police station to court. It is guided by the Fourth Amendment, which states that people have the right to be free from unreasonable search and seizure of their bodies, homes, papers, and possessions and that warrants describing what and where will be searched and/or seized are required to be able to search the above things (“Fourth Amendment,” n.d.). Interpretations of the Fourth Amendment by the U.S. Supreme Court and the establishment of case law by many state and federal courts have expanded upon the circumstances under which search and seizure is legal. Several doctrines and exceptions have also emerged from the Supreme Court and other case law that guide law enforcement officers on the job and aid lawyers in court.
The Bill of Rights is the first ten amendments of the Constitution. It was written by James Madison and other founding fathers as a result of calls from several states for greater protection for individual rights. The Bill of Rights lists specific limitations on the government's power. It all started with the conflict between Federalists and Antifederalists. Included in the Bill of Rights are significant laws and freedoms, that have changed the perspective on rights over time.
To justify a stop under the Supreme Court’s Terry decision, a police officer must have “a reasonable suspicion” of some wrongdoing. In determining reasonableness, an officer “must be able to point to specific and articulable facts” that warrant the governmental intrusion; reliance on “inchoate and unparticularized suspicion or [a] ‘hunch’ ” is not permissible. Furthermore, the scope of any resulting police search must be narrowly tailored to match the original reason for the stop. The Court emphasized that a search must always be “strictly circumscribed by the exigencies which justif[ied] its initiation.”
The creation of the US constitution was prompted my many different things going on. What established America’s national government and fundamental laws is the U.S constitution. It also guarantees basic rights for its citizens. The U.S constitution was signed on September 17, 1787 in Philadelphia, Pa. The first document before the U.S constitution was the Articles of Confederation, with that the government wasn’t very strong and the states didn’t act like they do today. In 1787, at the 1787 convention, delegates made a decision to make a stronger federal government that consisted of the executive, legislative, and the judicial branches. That wasn’t it either, it also had a system of checks and balances because they did not want one branch to be able to overpower another branch. The ten amendments of the Bill of Rights guarantees protections for people like religion and freedom of speech. In total, there are twenty-seven constitutional amendments.
Whenever a law enforcement officer places an individual under arrest or is involved in a deadly force scenario the officer has used some degree of force. The incidents where an office has to make a split second decision and use physical force to control a situation is known as “Use of Force.” The use of force varies as situations present themselves to the officer and they must decide what level of force is necessary to control the situation. Often the use of force is subject to much debate and not a year goes by without some media coverage of some law enforcement officer accused of using excessive force. In dozens of studies of police use of force there is no single,
The Bill of Rights became a very important document in the United States Constitution in order to ensure United States citizens equal protection of their rights and liberties. The main objective of the Bill of rights was to place limits on the national government creating an understanding and dividing the powers between the states and the national government. Not all the powers were granted to the national government however not all the powers were prohibited to the states. As stated by Ginsberg, Lowi, Weir & Tolbert (2015) the bill of rights consists of 10 amendments incorporated in the U.S constitution. It is important to note that each amendment contains a legal court case in which the supreme court as well as the government have ruled and have ignored or have protected the rights of the individuals involved.
the founding document of our nation’s laws and government. Within its texts, the Constitution outlines the operations and existence of all three branches of government, Executive, Legislative, and Judicial, as well as their functions and interdependence. The constitution also includes the Bill of Rights, and all other amendments that serve as a basis for any law created in our country at either the federal or state level. While semi-extensive, the main rights we share are those from the bill of rights, which