CJ 234 - Constitutional Law

2. Describe the historical development of the right to privacy through case law and how the Supreme Court has applied that right in the areas of reproductive freedom, sexual activity and the right to die.

3. Describe the nonwarrant requirements under the Fourth Amendment as a prerequisite to search and the exception to that requirement.

4. Describe the constitutional requirements for a valid arrest by the police and describe the requirements under the Fifth Amendment to obtaining a valid confession, including the voluntariness requirement and the Miranda rule.

5. Describe the requirements under the Fifth Amendment to obtaining a valid confession, including the voluntariness requirement and the Miranda rule.

6. Explain the limitations on punishment imposed by the Eighth Amendment and the prohibition against cruel and unusual punishment, as well as the application of those principles to the death penalty.

7. Describe the historical development in the law of the concept of the Equal Protection of the Law and be able to illustrate the evolution of greater legal protections for minority populations.

8. Describe the current status of discrimination law, including which protections fall under the constitution and which fall under statutory protection.

9. Know the process by which the Supreme Court makes its decision based upon stare decises and precedent, determining what the law is and not what it should be.

10. Be able to compare different separate Supreme Court decisions and analyze whether the opinions are consistent with each other, providing a rationale for why they are consistent or an explanation of how the result needed to different in order to be consistent.

11. Using the text of the Constitution and prior case law, criticize or defend a more recent decision of the Supreme Court regarding the same subject area.

12. By analyzing a factual scenario, describe specific actions that law enforcement personnel may take or must avoid in order to comply with the Constitution.

13. Apply the principles learned in the course by analyzing a fact situation and forming a defensible opinion on how the Supreme Court would decide such a case if it were brought before it.

15. Use rules or frameworks to provide context for and understand problems or issues.

16. Understand that there are different perspectives on community, national and international issues.

17. Articulate views through persuasive argument.
Course Outline:
I.  Introduction

    A.  Structure and Provisions of the Constitution 

    B.  Overview of the Bill of Rights

II. First Amendment

A. Freedom of Religion

B. Freedom of Speech

C. Freedom of Assembly

D. Freedom of the Press

III. Right to Privacy–Development from Griswold to present

IV. Fourth Amendment

A. Search Law–with and without warrants

B. Arrest Law–with and without warrants

C.  Surveillance  Law

V. Fifth Amendment “Interrogation Law”

          A.  Voluntariness Requirement

          B.  Miranda Rule

          C.  Delay in Arraignment Rule

          D.  Right to Counsel Rule

VI. Sixth Amendment

A. Right to Counsel

B. Trial Rights

C. Confrontation Clause

VII. Eighth Amendment “Cruel and Unusual Punishment”

VIII. 14th Amendment

A. Due Process Clause

B. Equal Protection Clause

Discussion: 25-75%
Mandatory Course Components:
None
Equivalent Courses:
None