Assignment 1: Procedural Law and the Bill of Rights

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Assignment 1: Procedural Law and the Bill of Rights
Due Week 4 and worth 200 points

The Bill of Rights finds its roots in documents such as the British Magna Carta of 1215 AD. It was one of the first documents that provided the common man independence from a monarch. It did imply that the federal government’s law dominated all others; however, it gave each state control of any laws outside of those reserved to the federal government. The Bill of Rights acts as a blueprint that every individual state uses to protect the rights of individual citizens. In this assignment, you will utilize the various concepts found in the Bill of Rights to provide the foundation of the various sections of the question.

Write a four to six (4-6) page paper in which you:

  1. Compare and contrast two (2) of the sources of rights and fundamental principles found in the United States’ legal system as outlined by the text.
  2. Critically analyze and discuss two (2) steps of the criminal justice process from arrest to imprisonment.
  3. Identify and discuss the particular amendment related to arrest, search and seizures.
  4. Compare and contrast the concepts of probable cause and reasonable suspicion. In your own words, explain how they are similar or different.
  5. Examine and discuss the two (2) examples in which the exclusionary rule may not apply.
  6. Identify and discuss one (1) contemporary issue or case law related to the use of force.
  7. Use at least four (4) quality references. Note: Wikipedia and other Websites do not qualify as academic resources.

Your assignment must follow these formatting requirements:

  • This course requires use of Strayer Writing Standards (SWS). The format is different than other Strayer University courses. Please take a moment to review the SWS documentation for details.
  • Include a cover page containing the title of the assignment, the student’s name, the professor’s name, the course title, and the date. The cover page and the reference page are not included in the required assignment page length.

The specific course learning outcomes associated with this assignment are:

  • Research and analyze procedures governing the process of arrest through trial.
  • Critically debate the Constitutional safeguards of key Amendments with specific attention to the 4th, 5th, 6th, and 14th Amendments.
  • Describe the difference between searchers, warrantless searches, and stops.
  • Use technology and information resources to research issues in the criminal procedure.
  • Write clearly and concisely about the criminal procedure using proper writing mechanics.

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Running Head: PROCEDURAL LAW

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Procedural Law and the Bill of Rights
Student’s Name
Professor’s Name
Course Title
Date

PROCEDURAL LAW

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Procedural Law and the Bill of Rights

Sources of Rights and Fundamental Principles in the United States Legal System
Within the United States' legal system, there exist four principal sources of law. These
are; statutes, constitution, case laws, and administrative regulations.
Statutory law is one of the main sources of law in the land. Within the American system
of separation of powers, the Legislative branch is the one responsible for making statutory laws.
The legislature has the power to modify, adopt or abolish the common law. This is through the
introduction of bills in legislative houses where the bill is discussed and voted upon and is then
assented into law.
On the other hand, case laws are formulated by the Judiciary where the judges are
constrained by past cases (Steenken & Brooks, n.d). This is under the doctrine of stare decisis.
Both the statutory law and the case laws are similar in that they are fluid. This means that
they changes with the expectations and values of the society. The legislators are elected into
office by the people. This means that they have to represent the wishes of the people who chose
them and what they table in the legislative house is usually in line with what those people want.
A contrast between the two, however, is in their nature. Case laws tend to be instructive,
that is, what decision should be rendered in a certain case while the statutory law is prescriptive
in nature. It proposes the best rules for governing s...


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