The Courts Make Decisions Based On Established Law Or Legal

The Courts Make Decisions Based On Established Law Or Legal Preceden

The courts make decisions based on established law or legal precedence. Law in the U.S. is derived from several sources, including the Constitution, statutes enacted by legislatures, administrative regulations, and case law from judicial decisions. The U.S. Supreme Court was established by the Judiciary Act of 1789, which created the structure and jurisdiction of the Court. In the Use of Force Model or Continuum discussed in class, deadly force is at the highest level, used only when there is an immediate threat to life or serious injury.

The landmark case that dealt specifically with the 5th Amendment right against self-incrimination is Miranda v. Arizona (1966). Most criminal cases originate from state courts, while federal courts handle violations of federal law. The police experimentation with different patrol strategies to reduce crime and fear of crime was exemplified by the Kansas City Preventive Patrol Experiment. The U.S. Constitution guarantees all U.S. citizens the right to a fair trial, but not necessarily the right to an appeal in all cases—appeals are subject to specific procedures and eligibility.

The guiding principle that controls law enforcement actions is the Constitution, especially the Fourth, Fifth, and Sixth Amendments. Laws that conflict with the U.S. Constitution are deemed unconstitutional and invalid. The 1960s civil unrest was largely due to social upheaval, racial tensions, and dissatisfaction with government policies. Police officers are limited in the amount of force they can use, generally to what is necessary and reasonable under the circumstances.

During voir dire, prosecutors and defense attorneys can eliminate potential jurors based on bias or prejudice—peremptory challenges and challenges for cause. The American Bar Association’s Codes of Conduct provide ethical standards for legal professionals, such as confidentiality, competence, and integrity. A defendant enters a plea—guilty, not guilty, or no contest—at arraignment or plea hearings. The case of Weeks v. United States (1914) established the “Exclusionary Rule,” which prevents illegally obtained evidence from being used in federal court, significantly impacting law enforcement’s procedures.

The landmark case dealing with the 8th Amendment's protection against cruel and unusual punishment is Furman v. Georgia (1972), which led to a temporary moratorium on the death penalty and prompted reform. A crime requires the presence of harm, legality, actus reus (“guilty act”), mens rea (“guilty mind”), and concurrence of these elements. A Supreme Court ruling declaring a law unconstitutional was exemplified by Lawrence v. Texas (2003), which invalidated anti-sodomy statutes.

There are two main types of trial courts: Courts of Limited or Special Jurisdiction (lower courts) and Courts of General Jurisdiction. The current composition of the U.S. Supreme Court includes justices appointed by the President and confirmed by the Senate, serving lifetime appointments, with nine members serving at present. Various landmark cases have affected the criminal justice system: Klopfer v. North Carolina (1967) reinforced the right to a speedy trial, Brady v. Maryland (1963) required disclosure of exculpatory evidence, and Gideon v. Wainwright (1963) established the right to counsel.

The three types of evidence discussed include testimonial, physical, and documentary. Carroll v. United States (1925) specifically addressed warrants for automobile searches, establishing a “reasonable suspicion” standard for searches of vehicles without a warrant. The “Broken Windows” article by Wilson and Kelling emphasized the importance of addressing minor offenses and disorder to prevent serious crime, supporting problem-oriented policing strategies.

Most municipal police department resources are allocated to patrol services, which are the primary point of contact with the community. Historically, the most police officers killed in a single day occurred during the September 11, 2001, terrorist attacks, when many officers lost their lives in the line of duty. Mapp v. Ohio (1961) had a profound effect on search and seizure laws by applying the exclusionary rule to the states through the Fourteenth Amendment.

The Fourth Amendment is the constitutional basis for searches and seizures, requiring probable cause and, in many cases, a warrant. The concept of a “Plea Bargain” involves the defendant agreeing to plead guilty to a lesser charge or for a reduced sentence in exchange for a more favorable outcome, often to expedite the judicial process and reduce court caseloads.

The corruption investigation that scrutinized the LAPD in the mid-2000s was the Rampart Scandal, uncovering widespread misconduct. The Knapp Commission of the 1970s distinguished between “grass eaters”—officers involved in petty corruption—and “meat eaters”—those actively seeking to profit through corrupt practices. Tennessee v. Garner (1985) limited the use of deadly force, requiring that such force only be used when necessary to prevent escape or harm.

In Terry v. Ohio (1968), the Supreme Court held that officers need “reasonable suspicion” based on specific and articulable facts to stop and frisk a person. Landmark case regarding the Sixth Amendment is Powell v. Alabama (1932), which addressed the right to counsel in capital cases. The concepts of original jurisdiction refer to a court’s authority to hear a case for the first time, while appellate jurisdiction involves reviewing decisions from lower courts.

In 1989, the International Association of Chiefs of Police (IACP) established Model Policy for Use of Force. Tennessee v. Garner (1985) mandated that deadly force must be justified by the threat posed to officers or others. Community policing emphasizes partnerships between police and communities, problem-solving, and proactive strategies. Grand juries, composed of citizens, determine whether there is enough evidence to indict suspects for trial.

Paper For Above instruction

Law enforcement and the judicial system operate within a framework deeply rooted in established legal principles and precedents. The determination of legal validity and procedural correctness rests on the foundation of constitutional provisions, statutes, and past judicial rulings. These sources collectively shape the functioning of courts and influence law enforcement practices across the United States.

The sources of law in the U.S. include the Constitution, statutes passed by Congress and state legislatures, administrative regulations promulgated by agencies, and judicial decisions—case law. The U.S. Supreme Court, established by the Judiciary Act of 1789, serves as the highest federal court with the authority to interpret federal law and the Constitution. Its decisions set binding precedents that lower courts must follow, ensuring consistency and stability in the legal system.

In the realm of criminal justice, understanding the Use of Force Model or Continuum is essential. Deadly force resides at the highest level of this continuum, permissible only under circumstances where there is an imminent threat of death or serious bodily injury to the officer or others. This standard is supported by landmark rulings, notably Graham v. Connor (1989), which emphasized an objective reasonableness standard in evaluating force used by law enforcement officials.

One of the pivotal cases in constitutional criminal law is Miranda v. Arizona (1966), which established that individuals in custody must be informed of their rights—most notably the right against self-incrimination—as part of procedural protections before interrogation. These protections are enshrined in the Fifth Amendment and are critical to ensuring due process and preventing coercive confessions.

Most criminal cases originate in state courts, which handle the vast majority of criminal prosecutions. Federal courts primarily deal with violations of federal laws and have jurisdiction over cases involving Federal statutes, treaties, and constitutional issues. The Kansas City Preventive Patrol Experiment demonstrated the efficacy of targeted policing strategies in reducing crime and fear, highlighting the importance of data-driven law enforcement practices.

The U.S. Constitution guarantees fundamental rights, but not all cases are automatically appealable to the Supreme Court. The Court’s discretion and procedural rules determine which cases are heard on appeal. The governing principles that steer law enforcement include the Constitution’s protections against unreasonable searches and seizures, the right to due process, and the obligation to uphold justice within the bounds of constitutional law.

Laws conflicting with the Constitution are deemed unconstitutional and invalid by courts. Such declarations serve to check legislative overreach, preserving constitutional supremacy. The social upheaval of the 1960s, fueled by civil rights protests, Vietnam War opposition, and widespread unrest, prompted police and government to reevaluate their roles and responses to public dissent.

The permissible amount of force, particularly deadly force, must adhere to the principles of reasonableness and necessity. Officers are trained to use only what is proportionate to the threat faced, balancing the need for enforcement with respect for individual rights. During jury selection (voir dire), attorneys remove potential jurors based on bias or conflicts—challenges for cause due to obvious prejudice and peremptory challenges without providing reasons.

Ethical standards for legal professionals are outlined by the American Bar Association in its Model Rules of Professional Conduct, emphasizing competence, confidentiality, and integrity, among other core principles. At arraignment, defendants formally enter their plea—guilty, not guilty, or no contest—marking the start of the trial process and vital for trial proceedings.

The Weeks v. United States (1914) case is seminal because it established the “Exclusionary Rule,” which bars evidence obtained unlawfully from being used in federal courts. This ruling imposed constraints on law enforcement, requiring adherence to constitutional protections during searches and seizures, thus fostering respect for individual rights while balancing effective policing.

The landmark case Furman v. Georgia (1972) addressed the Eighth Amendment’s prohibition on cruel and unusual punishment. The Court ruled that a death penalty statute deemed to be arbitrary or capricious violated constitutional standards, resulting in moratoria and prompting reforms in capital punishment laws.

To establish guilt in criminal law, the prosecution must prove the presence of harm, legality, actus reus (guilty act), mens rea (guilty mind), and concurrence—the simultaneous occurrence of these elements. Courts have declared laws unconstitutional, such as in Lawrence v. Texas (2003), which struck down anti-sodomy statutes based on privacy rights.

Trial courts are categorized as courts of limited or special jurisdiction, such as family or traffic courts, and courts of general jurisdiction—typically county or district courts—that handle serious criminal offenses. The current U.S. Supreme Court comprises justices appointed for life terms, with appointments made by the President and confirmed by the Senate, ensuring judicial independence.

Among significant cases, Klopfer v. North Carolina (1967) reinforced the right to a speedy trial, Brady v. Maryland (1963) established the obligation of prosecutors to disclose exculpatory evidence, and Gideon v. Wainwright (1963) guaranteed the right to legal counsel for defendants unable to afford an attorney—cornerstones of fairness in criminal proceedings.

Evidence in criminal cases can be testimonial, physical, or documentary. Carroll v. United States (1925) addressed the legality of searches of vehicles without warrants, establishing that probable cause alone suffices for warrantless searches of automobiles due to their mobile nature. The “Broken Windows” theory by Wilson and Kelling asserts that addressing minor offenses and disorder prevents more serious crimes and fosters community trust—integral to problem-oriented policing.

Municipal police departments allocate a significant portion of their resources to patrol services, which are essential for maintaining order and responding to community needs. The deadliest single day for police officers in history occurred during the September 11 attacks, with numerous law enforcement fatalities. Mapp v. Ohio extended the exclusionary rule to state courts, emphasizing the importance of constitutional protections against unreasonable searches and seizures under the Fourth Amendment.

The Fourth Amendment specifically specifies the conditions under which searches and seizures are reasonable and required warrants based on probable cause. The plea bargain system involves defendants agreeing to plead guilty to lesser charges or for reduced sentences, often in exchange for certainty, efficiency, and resource savings, avoiding lengthy trials.

The Rampart Scandal in the early 2000s revealed extensive corruption within the Los Angeles Police Department, leading to significant investigations and reforms. The Knapp Commission of the 1970s identified two archetypes of corrupt officers: “grass eaters,” who engage in petty corruption passively, and “meat eaters,” who actively seek to profit from criminal misconduct.

Tennessee v. Garner (1985) significantly limited the use of deadly force by police, requiring that such force only be applied when necessary to prevent escape when the suspect poses a significant threat to life or safety. In Terry v. Ohio (1968), the Supreme Court held that police need “reasonable suspicion,” based on specific and articulable facts, to stop and frisk individuals.

A landmark case concerning the Sixth Amendment is Powell v. Alabama (1932), which established that indigent defendants accused of serious crimes are entitled to appointed counsel. Originally, jurisdiction refers to a court’s authority to hear and decide cases, with original jurisdiction being the right to hear cases for the first time, and appellate jurisdiction pertains to reviewing decisions of lower courts.

In 1989, the International Association of Chiefs of Police (IACP) established the Model Policy for Use of Force, aiming to standardize law enforcement practices and ensure accountability. Tennessee v. Garner clarified the standard for the use of deadly force, emphasizing the necessity of imminent danger. Community policing emphasizes collaboration with the community, problem-solving, and proactive engagement to reduce crime and improve public trust.

Finally, grand juries, composed of citizens selected from the community, serve as a preliminary step in many criminal prosecutions, determining whether sufficient evidence exists to indict a suspect for trial—a vital function in the criminal justice process that helps prevent unwarranted criminal prosecutions.

References

• Graham v. Connor, 490 U.S. 386 (1989).
• Miranda v. Arizona, 384 U.S. 436 (1966).
• Weeks v. United States, 232 U.S. 383 (1914).
• Furman v. Georgia, 408 U.S. 238 (1972).
• Lawrence v. Texas, 539 U.S. 558 (2003).
• Gideon v. Wainwright, 372 U.S. 335 (1963).
• Brady v. Maryland, 373 U.S. 83 (1963).
• Klopfer v. North Carolina, 386 U.S. 213 (1967).
• Tennessee v. Garner, 471 U.S. 1 (1985).
• Terry v. Ohio, 392 U.S. 1 (1968).