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Constitutional Law and the Criminal Justice System

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Constitutional Law and the Criminal Justice System Fourth Edition CONSTITUTIONAL LAW AND THE CRIMINAL JUSTICE SYSTEM J. SCOTT HARR, JD Concordia University Saint Paul KÄREN M. HESS, PhD Normandale Community College with contributions from Christine Hess Orthmann, MS Australia • Brazil • Canada • Mexico • Singapore • Spain • United Kingdom • United States Constitutional Law and the Criminal Justice System, Fourth Edition J. Scott Harr and Kären M. Hess Acquisitions Editor: Carolyn Henderson Meier Print Buyer: Linda Hsu Assistant Editor: Meaghan Banks Permissions Editor: Roberta Broyer Editorial Assistant: Beth McMurray Production Service: Graphic World Inc. Technology Project Manager: Amanda Kaufmann Photo Researcher: Terri Wright Marketing Manager: Terra Schultz Copy Editor: Graphic World Inc. Marketing Assistant: Emily Elrod Cover Designer: Yvo Riezebos Marketing Communications Manager: Tami Strang Cover Image: istockphoto.com/©Stefan Klein Project Manager, Editorial Production: Matt Ballantyne Compositor: ICC Macmillan Inc. Creative Director: Rob Hugel Text and Cover Printer: West Group Art Director: Vernon Boes © 2008, 2005 Thomson Wadsworth, a part of The Thomson Thomson Higher Education Corporation. Thomson, the Star logo, and Wadsworth are 10 Davis Drive trademarks used herein under license. Belmont, CA 94002-3098 USA ALL RIGHTS RESERVED. No part of this work covered by the copyright hereon may be reproduced or used in any form or by any means—graphic, electronic, or mechanical, For more information about our products, contact us at: including photocopying, recording, taping, Web distribution, Thomson Learning Academic Resource Center information storage and retrieval systems, or in any other 1-800-423-0563 manner—without the written permission of the publisher. For permission to use material from this text or product, Printed in the United States of America submit a request online at http://www.thomsonrights.com. 12345671110090807 Any additional questions about permissions can be submitted by e-mail to [email protected]. Library of Congress Control Number: 2007922063 Student Edition: ISBN-13: 978-0-495-09543-9 ISBN-10: 0-495-09543-5 Dedicated to Captain Steven Simmons (1943–1995), Minneapolis Police Department. Steve Simmons lived the law and upheld the U.S. Constitution through his work as a police officer and educator. But more importantly, Steve was a friend. He embodied every attribute of the professional law enforcement officer, and he is sorely missed by the community he served, his students, his friends and his family. May you always have blue skies, a pleasant breeze and good sailing. About the Authors J. Scott Harr’s interest in the law spans over 30 years from varied perspectives. He has been employed as a social worker in youth diversion programs, has proudly served as a police officer for three Twin Cities metropolitan communities and as public safety director and chief law enforcement officer of one of these. He has taught classes in all areas of the law for more than 20 years. While attending William Mitchell College of Law in St. Paul, Minnesota, he received the Warren E. Burger Award given in honor of the former chief justice of the U.S. Supreme Court. He also attended Emmanuel College, Cambridge University (England), where he studied law. Harr has worked as a staff investigator for a preeminent Twin Cities law firm and is a member of the U.S. Supreme Court bar, placing him among attorneys permitted to practice before the Supreme Court. He is a licensed attorney, police officer and private investigator. He founded Scott Harr Legal Investigations, which has been in business for over 20 years. In addition to this text, he has coauthored and contributed to numerous other titles. Scott has taught at Normandale Community College in Bloomington, Minnesota, and Metropolitan State University School of Law Enforcement and Criminal Justice in St. Paul, Minnesota. He is presently the chair of the criminal justice department at Concordia University, Saint Paul, Minnesota, and sits on the Minnesota Peace Officer Standards and Training (POST) Board, where he also chairs the board’s training committee. Kären M. Hess holds a PhD in English and in instructional design from the University of Minnesota and a PhD in criminal justice from Pacific Western University. Other Wadsworth Thomson Learning texts Dr. Hess has coauthored are Careers in Criminal Justice and Related Fields (Fifth Edition), Criminal Investigation (Eighth Edition), Criminal Procedure, Corrections in the 21st Century: A Practical Approach, Introduction to Law Enforcement and Criminal Justice (Eighth Edition), Introduction to Private Security (Fifth Edition), Juvenile Justice (Fourth Edition), Management and Supervision in Law Enforcement (Fourth Edition), Community Polic- ing: Partnerships for Problem Solving (Fourth Edition), and Police Operations: Theory and Practice (Fourth Edition). She is a member of the Academy of Criminal Justice Sciences, the American Association of University Women, the American Correctional Association, the American Society for Industrial Security, the American Society for Law Enforce- ment Trainers, the American Society of Criminologists, the Association for Super- vision and Curriculum, the International Association of Chiefs of Police, the Minnesota Association of Chiefs of Police, the Police Executive Research Forum and the Text and Academic Authors Association, which has named Dr. Hess to their Council of Fellows. iv Brief Contents Section I: A Foundation for Understanding Constitutional Law 1 Chapter 1 An Historical Overview 3 Chapter 2 An Overview of the U.S. Legal System 35 Chapter 3 The Supreme Court of the United States: The Final Word 58 Chapter 4 Researching the Law 76 Section II: The Guarantees of the Constitution to Citizens: Civil Rights and Civil Liberties 91 Chapter 5 Equal Protection under the Law: Balancing Individual, State and Federal Rights 93 Chapter 6 The First Amendment: Basic Freedoms 120 Chapter 7 The Second Amendment: The Gun Control Controversy 149 Section III: Constitutional Amendments Influencing the Criminal Justice System 171 Chapter 8 The Fourth Amendment: An Overview of Constitutional Searches and Seizures 173 Chapter 9 Conducting Constitutional Seizures 202 Chapter 10 Conducting Constitutional Searches 228 Chapter 11 The Fifth Amendment: Due Process and Obtaining Information Legally 266 Chapter 12 The Sixth Amendment: Right to Counsel and a Fair Trial 298 Chapter 13 The Eighth Amendment: Bail, Fines and Punishment 323 v vi Brief Contents Section IV: Coming Full Circle 349 Chapter 14 The Remaining Amendments and a Return to the Constitution 351 Epilogue 367 Appendixes 369 Glossary 402 Author Index 409 Subject Index 410 Contents SECTION I A Foundation for Understanding Constitutional Law 1 Chapter 1 An Historical Overview 3 Introduction 4 Where It All Began 5 Contributions from the Past 5 The Mayflower Compact 6 The Great Melting Pot 6 Development of the United States of America 8 Colonial Dissension Grows 8 The First Continental Congress 10 The Tension Mounts 10 The Revolution Begins 11 The Second Continental Congress 11 The Declaration of Independence 12 What It Cost the Signers 13 The Articles of Confederation 14 The Influence of the Magna Carta 15 The Influence of English and French Philosophers 15 The 1787 Convention of Delegates—A Move toward the Constitution 16 The Constitution Takes Shape 17 The Issue of Slavery 19 Drafting the Constitution 19 The Constitution of the United States: An Overview 20 Article 1—The Legislative Branch 20 Article 2—The Executive Branch 21 Article 3—The Judicial Branch 22 Article 4—Other Provisions 22 Article 5—The Amendment Process 23 Article 6—The Constitution as the Supreme Law 23 The Signing of the Constitution 23 Ratification 24 A Balance Is Struck with the Bill of Rights 25 The Bill of Rights: An Overview 27 A Living Law 30 A Nearly Timeless Document 30 Where the Declaration of Independence and Constitution Are Today 31 vii viii Contents Federalism at Work in the Criminal Justice System 31 Summary 32 Discussion Questions 33 InfoTrac College Edition Assignments 34 Internet Assignments 34 Companion Web Site 34 References 34 Additional Resources 34 Cases Cited 34 Chapter 2 An Overview of the U.S. Legal System 35 Introduction 36 Theories about and the Purpose of the Legal System 37 The Law Defined 39 Development of the Law 39 Stare Decisis 40 The Continuing Need for Law 41 American Law Lives 41 Categorizing Law 42 Who? (Jurisdiction) 42 How? (Procedural) 43 What? (Criminal or Civil) 43 The Components of the U.S. Legal System 44 The Court System 45 The State Court System 45 The Federal Court System 48 Officers of the Court 50 An Adversarial Judicial System 50 Doctrines Governing What Cases Will Be Heard 51 The Constitution and Criminal Justice in the United States: The Big Picture 52 The Courts, Corrections and Criminal Sanctions 52 The Juvenile Justice System 52 The Criminal Justice and Juvenile Justice Systems Compared 53 The Changing Face of American Criminal Justice and Constitutional Law 54 American Criminal Justice beyond Our Borders 54 Summary 55 Discussion Questions 56 InfoTrac College Edition Assignments 56 Internet Assignments 56 Companion Web Site 57 References 57 Additional Resources 57 Cases Cited 57 Chapter 3 The Supreme Court of the United States: The Final Word 58 Introduction 59 Authority for the Supreme Court 60 Contents ix Jurisdiction of the Supreme Court 60 Judicial Review 63 Controversy over and Alternatives to Judicial Review 64 Certiorari: Deciding Which Cases to Hear 65
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