Unit 1706: Constitutional Law and Criminal Justice

1. Overview of Constitutional Law

1.1 Introduction to Constitutional Law

• Definition and purpose
• Historical context and development

1.2 Structure of the U.S. Constitution

• Preamble
• Articles I through VII
• Amendments overview

1.3 The Bill of Rights

• Origin and significance
• Key protections for individuals

1.4 Separation of Powers

• Legislative, Executive, and Judicial branches
• Checks and balances

2. Constitutional Rights in Criminal Justice

2.1 Fourth Amendment: Search and Seizure

• Reasonable expectation of privacy
• Warrants and exceptions

2.2 Fifth Amendment: Right to Remain Silent

• Protection against self-incrimination
• Double jeopardy and due process

2.3 Sixth Amendment: Right to Counsel

• Right to a fair trial
• Assistance of counsel and legal representation

3. Due Process and Equal Protection

3.1 Due Process Clause

• Procedural due process
• Substantive due process

3.2 Equal Protection Clause

• Prohibition of discrimination
• Application in criminal justice

3.3 Fairness and Procedural Safeguards

• Notice and hearing
• Impartial tribunals

4. Landmark Supreme Court Cases

4.1 Miranda v. Arizona (Miranda Rights)

• Background and ruling
• Impact on police procedures

4.2 Mapp v. Ohio (Exclusionary Rule)

• Illegally obtained evidence
• Application to states

4.3 Gregg v. Georgia (Death Penalty)

• Constitutionality of capital punishment
• Guidelines for imposition

4.4 Additional Cases

• Terry v. Ohio (stop and frisk)
• Gideon v. Wainwright (right to counsel)

5. Freedom of Speech and Criminal Justice

5.1 First Amendment Protections

• Scope of freedom of speech
• Symbolic speech and expression

5.2 Limitations in Criminal Context

• Speech inciting crime or violence
• Obscenity and threats

5.3 National Security and Speech

• Government restrictions
• Balancing rights and security

6. Privacy Rights and Technology

6.1 Technological Advances and Privacy Challenges

• Surveillance technologies
• Data collection and retention

6.2 Digital Evidence in Criminal Justice

• Admissibility standards
• Chain of custody and authenticity

6.3 Legal Responses and Protections

• Electronic Communications Privacy Act
• Carpenter v. United States

7. Police Powers and Constitutional Limits

7.1 Scope of Police Authority

• Arrest, search, and seizure powers
• Use of force policies

7.2 Police Discretion and Accountability

• Limits imposed by the Constitution
• Internal and external oversight mechanisms

7.3 Upholding Constitutional Rights

• Training and policy development
• Remedies for violations

8. Constitutional Remedies in Criminal Cases

8.1 Suppression of Evidence

• Exclusionary rule and exceptions
• Fruit of the poisonous tree doctrine

8.2 Civil Rights Lawsuits

• Section 1983 claims
• Qualified immunity

8.3 Exclusion of Confessions

• Voluntariness and coercion
• Miranda warnings

9. Comparative Constitutional Law

9.1 Overview of Constitutional Systems

• Common law vs. civil law traditions
• Role of constitutions internationally

9.2 Criminal Justice and Human Rights

• International human rights frameworks
• Examples from selected countries

9.3 Rule of Law and Constitutional Enforcement

• Judicial review processes
• Differences and similarities with U.S. system