The discussion (Topic 2) asked you to research resources that a school leader can use for better understanding in order to comply with the Amendment chosen; either the First or Fourth Amendment. In this assignment, you will compile a Legal Resource Manual. This manual is intended to give you the tools and resources you can draw upon as you move into educational leadership positions. For this reason, you will want your sources to be reliable and trustworthy. You will want this manual to be a companion, something you can turn to when you have questions about legal issues on the job. Your school will have a legal team, of course, but you will want the foundational legal knowledge it takes to be conversant on various issues.
Directions:
Your Legal Resource Manual is due in Unit 1. Your manual will be built with the resources you contributed in the discussion (Topic 2), resources your classmates posted, and additional resources that you research from other sources for this assignment.
A minimum of 9 resources should be annotated which includes at least 3 local/district, 3 state, and 3 federal resources. Provide a short description of at least 200 words about the resource and why it is useful for a total of 1800 words minimum.
Post must be 2000 words in length, double-spaced, not counting the cover page and the reference pages. You must use at least 5 scholarly sources. All sources used must be referenced and paraphrased; any quoted material must be placed in quotes, and must have accompanying APA style in-text citations.
The Fourth Amendment is one of the cornerstones of our freedoms guaranteed by the U.S. Constitution. It protects people against unreasonable search and seizure of their person, property, and belongings. Law enforcement officers must work to ensure they do not violate the Fourth Amendment while performing their duties. They have a responsibility to protect people’s rights and not invalidate evidence for any future court cases.
In this assignment, you will analyze a case study based on an actual case to determine whether police officers’ search and seizure actions related to suspected illegal drug activities were constitutional. Here is the case study you will analyze in your assignment.
Case Study
In the Los Angeles Brentwood neighborhood, neighbors have notified the police that they have seen vehicles coming and going from one specific home. The incidents occur between 11:00 p.m. and 3:00 a.m. The neighbors believe drug activity may be taking place. The local police division assigns officers Williams and Martinez to investigate possible drug activity at that location.
Officer Williams contacts the neighborhood’s regular trash collection service and asks it to put the contents of the subject’s (defendant’s) garbage left at the curb in plastic bags so as to not mix the subject’s garbage with others. He also asked the trash collector to turn the subject’s bags over to him at the end of trash day collections. The trash collector did as Officer Williams requested. Officer Williams’s partner, Officer Martinez, searched through the garbage and found items indicative of narcotics use. Officer Williams and Officer Martinez then listed the information obtained from the trash in an affidavit to support a warrant to search the defendant’s home. Officer Martinez and Officer Williams encountered the defendant at the house later that day upon execution of the warrant. The officers found quantities of cocaine and heroin during the search and arrested the defendant on felony narcotics charges.
Note: As you complete this assignment, it will be helpful to you to read the actual case on which this case study is based: California v. Greenwood.
Instructions
Write a three- to four-page analysis of this case study in which you:
Explain in your own words the Fourth Amendment, which governs the officers’ actions.
Determine which of the following doctrines apply to this case study: plain view, abandonment, open fields, or border searches.
Be sure to support your determination by citing specific case law and/or contemporary cases.
You may find the CQ Supreme Court Collection database useful as you conduct your research. You will also find this database and other useful ones under Strayer’s B.S. in Criminal Justice library resource page. Click on Specialized Databases.
This less than two-minute video, called Finding Supreme Court Cases Relating to Specific Amendments, shows you how to search for cases by amendment.
Assess the constitutionality of the officers’ actions in the case study.
Use three sources to support your writing.
Choose sources that are credible, relevant, and appropriate.
Cite each source listed on your source page at least one time within your assignment.
For help with research, writing, and citation, access the library or review library guides.
You may use your textbook as one of your resources.
Formatting
This course requires the use of Strayer Writing Standards. For assistance and information, please refer to the Strayer Writing Standards link in the left-hand menu of your course. Check with your professor for any additional instructions. Note the following:
The preferred method is for your paper to be typed, double-spaced, using Times New Roman font (size 12), with one-inch margins on all sides.
Include a cover page containing the assignment title, your name, your professor’s name, the course title, and the date. The cover page is not included in the required page length.
Include a source list page. Citations and references must follow SWS format. The source list page is not included in the required page length.
Learning Outcomes
The specific course learning outcome associated with this assignment is:
Decide when to apply the Fourth Amendment and when to apply exceptions
This assignment will be submitted to Turnitin. Instructions
This week you will be writing an essay, 2-3 pages double-spaced in length, on what happens when Constitutional rights collide. You can find an example from the news or caselaw, but here are some suggestions:
Religious rights (1st amendment) versus equal protection (14th amendment): https://www.cnn.com/2018/06/05/opinions/masterpiece-cakeshop-supreme-court-opinion-gupta
Freedom of speech (1st amendment) versus equal protection/protected classes (14th amendment) https://djclpp.law.duke.edu/article/the-dynamic-relationship-between-freedom-of-speech-and-equality/
Freedom from Search/seizure (4th amendment) versus right to carry a firearm (2nd amendment: https://slate.com/news-and-politics/2017/04/why-liberals-should-be-alarmed-that-courts-are-eroding-the-second-amendment.html#:~:text=The%20Fourth%20Amendment%20protects%20individuals,he%20is%20carrying%20a%20firearm%3F
If you find something that’s not technically a conflict, but is interesting to you, that’s fine! Here are some interesting Constitutional issues:
– Can cities impose mask mandates? Is this even a Constitutional issue, why or why not?
– Can a state make laws that put a greater burden on minority residents (think voting restrictions)?
– Should mandatory draft registration be imposed on both men and women?
Citing your sources. If you are not a Legal Studies student, you may use whatever citation system your major uses. If you are a Legal Studies student, you must use Bluebook and use footnotes. Everyone must make sure their sources are properly cited. Check Turnitin for help! If you copy a piece of text, it MUST be in quotation marks with a citation immediately after
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Please read the fact pattern below and answer the following questions: You are Sam’s Lawyer!
Sandra owns a landscaping company that has over 100 employees. She hired Sam, a Muslim, who told her during the interview process that per his faith, he would need to pause for prayer potentially several times a day depending on the schedule. Sandra, who espoused a policy of diversity, told him it wouldn’t be an issue. After the US Supreme Court decision in Burwell v. Hobby Lobby Stores, 573 U.S. 682 (2014), she decided to stop paying for any kind of birth control through the health insurance she offered her employees. She then started thinking about other ways in which religion impacted her business. After talking with her husband, she decided to tell Sam he could no longer pray during the workday, as it probably was disruptive to business and bothered the other employees (although no one had ever mentioned it). She issued Sam a letter informing him that under her religious freedom rights as a business owner, she would not allow Muslim prayer during the workday. The next day she got a certified letter from Sam’s lawyer telling her that she was violating his rights and unless she allowed him to continue to pray, she would be subject to a lawsuit.
Note that the 1st Amendment protects you from the government, not private individuals. Also, what is the law that gives 1st Amendment rights to corporations? You will want to find that as well (it’s mentioned in the Hobby Lobby case). Here’s something to start your research on the rights of individuals in the workplace.
As the lawyer, tell us what your arguments would be for your client. Once you have done so, you may make your personal commentary on this issue. Here are some things to consider: Do you agree with corporations having 1st Amendment rights? Why or why not? Do you think that corporations should be able to impose the religious beliefs of the owners on the employees and not be subject to restrictions like Title VII? What if Sam was a Scientologist? What if Sam was a member of a religion created by his cousin? How do you know if a religious practice is protected?
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For the initial post, respond to one of the following options, and label the beginning of your post indicating either Option 1 or Option 2:
Option 1: The Equal Rights Amendment was first proposed almost a century ago and has still not been added to the United States Constitution. It is supposed to guarantee equal legal rights for all American citizens regardless of sex. It was first introduced to Congress by Alice Paul, leader of women’s suffrage movement in 1923. Compare/contrast the Equal Rights Amendment with the Fourteenth Amendment. Did they deal with separate concepts? Explain your answer.
Option 2: The Bill of Rights is not only included with the United States Constitution but also state constitutions. All states have provisions in their constitutions that protect individual rights. Go online and look up your state constitution concerning amendments that are included in the Bill of Rights. How does your state constitution protect your individual rights?
Be sure to make connections between your ideas and conclusions and the research, concepts, terms, and theory we are discussing this week.
Writing Requirements
Cite your sources when applicable (assigned readings/online lessons and an outside scholarly source)
APA format for in-text citations and list of references
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If you have ever been to a Hooters restaurant, you may notice something about their staff. There are no men working as servers. In fact, Hooters will not ever hire a man to be a server in any of their restaurants. They have been sued more than once for this hiring practice, and in some cases, had to pay out millions of dollars. Yet, Hooters continues to uphold the policy and they continue to stay in business.
According to the 14th Amendment and the Civil Rights Act of 1964, it is illegal to discriminate based on sex when hiring.
In your initial post, answer the following:
1) How is it, then, that Hooters restaurants can choose to ONLY hire women who look a certain way to work as servers in their establishments?
2) Within your initial response, discuss “BFOQ”. What is it and how does it apply to this situation?
NOTE: This is not meant to be an opinion-based initial response. I want you to research this topic and post with an educated answer. You can most definitely share your opinion on this policy in your replies to your classmates. According to the 14th Amendment and the Civil Rights Act of 1964, it is illegal to discriminate based on sex when hiring.
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According to the textbook, prison reform is often effectuated by and through the legislature. Often, these changes are meant for improvement; however, they can have an unintended consequence. Imagine that you are a state legislator that heads a committee for the Department of Corrections. Your responsibilities include recommending improvements to the correctional system, both domestic and international, (e.g., Guantanamo Bay). Go to Cornell University Law School’s Website, located at http://www.law.cornell.edu/constitution/eighth_amendment, and review the Eighth Amendment to the U.S. Constitution
Write a three to five (3-5) page paper in which you:
Suggest two (2) actions that the corrections system can take in order to attain higher levels of professionalism. Provide a rationale for your response.
Take a position as to whether or not conditions of correctional facilities circumvent the “cruel and unusual punishment standard” of the Eighth Amendment. Provide a rationale for your response.
Support or refute the removal of corporal punishment from the U.S. corrections system. Provide a rationale for your response.
Create an argument for or against intermediate sanctions as a deterrent of crime. Support your viewpoint with one (1) example of intermediate sanctions that reflects your opinion.
Debate whether or not correctional facilities are adequately equipped to deal with mentally ill inmates. Provide a rationale for your response.
Use at least two (2) quality references. Note: Wikipedia and other Websites do not qualify as academic resources.
Your assignment must follow these formatting requirements:
Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; citations and references must follow APA or school-specific format. Check with your professor for any additional instructions.
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:
Determine the U.S. Constitutional amendments that apply to correctional management and operations.
Recommend improvements to selected areas of corrections.
Defend the purposes of corrections.
Examine the reform of American criminal justice beginning with 15th century Europe.
Use technology and information resources to research issues in correctional facility policies.
Write clearly and concisely about correctional facility policies using proper writing mechanics.
Correctional systems all over the world struggles to establish balances between the observing the rights of an accused person and implementing the courts directives. Eighth Amendment to the U.S. Constitution strengthen the traditional right to freedom where the accused person will not be subjected to any punishment before the conviction. Also the right to bail prior to trial is buttressed in the bill of right(Glazen, & Herberman, 2013). However, corrections system are required to release accused persons on bail while ensuring it is not excessive bail. Constitutional analyzed have argued that the drafter of the Eighth Amendment failed to identify the ambiguity of the excessive bail and where the case permits the grant of bail. The argument arise from the fact that Eighth Amendment solely deals with the punishment of the criminals in the corrective system and not applicable to the civil processes.
Appropriate actions
Correctional systems are required by U.S. Constitutions under Eight Amendment Act to punish the criminals in accordance with the sentences handed to the criminals. However, several concerns have been raised concerning how the correctional… ..Eighth Amendment to the U.S. Constitution …………………………………………………………………………………………………………………………………………………………………………………………………… ………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..
