Crjs400 ip5

Apr 10th, 2015
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As an Associate Justice of the U.S. Supreme Court, prepare a 4–5 page opinion for the Court based on the following facts: James Smith was arrested for burglarizing his next door neighbor's apartment in the state of California. And without the benefit of a warrant, the neighbor, who is a friend of Mr. Smith, forced open the front door to Mr. Smith's apartment and saw his property. The neighbor called the police, and they immediately arrested Mr. Smith for burglary and possession of stolen property out of fear that he would get rid of the property before they returned with a search warrant. Mr. Smith's conviction in the state and federal courts were upheld, and it is now before the U.S. Supreme Court. Prepare the Court's response to this constitutional challenge that Mr. Smith was denied equal protection under the law. • Identify specific examples in the language of prior decisions. • Examine some of the arguments used by the framers of the Constitution while debating the language of the d

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CRJS400-IP5NameClassDateProfessorCRJS400-IP5 In the case of James Smith, a burglar that was found guilty of robbing his next door neighbor appealed his case to the Supreme Court based on the premise that his Fourteenth Amendment right to equal protection under the law was violated when evidence the defendant claimed was seized illegally but not excluded from the court process. The case started when the criminal defendant, Smith, burglarized his next door neighbor's house. The neighbor being sure Smith was responsible for stealing his belongings kicked down the front door where he discovered all of his stolen property. The neighbor then called the police who attained a search warrant before seizing the stolen goods from the home of the defendant. The Fourteenth Amendment provides several different protections to the United States citizen which includes due process and equal protection under the law. Due process is hard to define but basically involves all of the rights afforded to the citizen in legal proceedings. Due process, in the context of the United States criminal justice system, refers to how and why laws are enforced (Mount, 2010). For example citizens have the right to have an attorney present during a speedy trial that is presided over by a judge and decided by an impartial jury. The framers of the constitution established the Bill of Rights and additional amendments of the Constitution to ensure the due process and individual r

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