Constitutional law
Basic law of the land in the United constitution
Statutory law
Written and enacted by legislative branches of state of federal
... [Show More] goverment
Case law
Courts decisions
Bill of rights
First ten amendments - provides protections for individual liberties and specific prohibitions on government power
1st admendment
Establishes freedom of religion,speech,press,assembly,petitions
Religion
Right to worship a god or supreme being. the government cannot require or enforce observations or compel citizens to follow any particular religion
Speech
Protected speech included spoken and written words the act of not speaking and symbolic conduct
For example:the U.S. Supreme Court ruled that the American flag burning is protected " symbolic speech"
Fighting words
Spoken or written words directed towards another citizens that are intended and likely to incite immediate physical retaliations
Threats
Utterance intended to inimidate citizens provide no social benefit
Incendiary speech
Peaceful protest against the goverment are protected unless the speaker advocates violence or encourages lawless actions that is likely to occur
2nd amendment
Right to keep and bear arms
3rd amendment
Prohibits soldiers from being quartered in any house
4th amendment
Prohibits unreasonableness searches or seizures by the goverment
5th amendment
Prohibits citizens from being prosecuted for the same offense two ( double jeopardy) and from being compelled to testify against themselves
( self-incrimination)
6th amendment
Requires all person charged with a crime to be informed of charges against them.
People charge its with a crime have the right to counsel and speedy trial by impartial jury.
People charged with a crime also have a right to compel witness to appear and testify on their behalf
7th amendment
Provides the right to a jury trial in civil cases
8th amendment
Protects people from excessive bail or fines and prohibits fuel and unusual punishment
10th amendment
Reserves power not grant d to the federal government to the states or the poeple
9th amending
Right retained by the people not specifically identified in the constitution
14th amendment
Provide the people of all states the right to "due process" and " equal protection under the law"
Two types of due process
Procedural and substantive due process
Procedural due process
Guarantees that the government will not take a person's life liberty or property interest without notice and meaningful opportunity to be heard
Substantive due process
Guarantees that the notice hearing and result are fair
Massachusetts constitution
Document that describes how state governments is structured and articulates the rights of residents
Civil liability
Is potential responsibility for payment of damage or other court impose sanctions from lawsuits
Example of civil liability
False arrest
Use of force
Mailicious prosecution
Failure to intervene to stop unlawful actions by fellow officer
Jurisdiction
Specific geographical area or territory where police officers constables or other authorized Massachusetts official can arrest or serve processes provided they are in uniform or display badge of office
Extraterritorial stops
Officers is in pursuit after witnessing an arrestable offense in his or her jurisdiction
Mutual aid agreement
All municipalities to enter an agreement its one multiple municipalities throughout ma
Transferred authority
Police ask another officer of another town to help
Fresh and continued pursuit
Applies when officers observes a driver commit and officer that is arrestable and that officer need to be initially committed in the officer presences its in his jurisdiction
Citizens arrst
Any citizen right to arrest someone who has committed a felony as long as they have probable cause
Police search and seizures action include
Frisk
Arrests
Using force
Seizing property
Investigation stops
Search for evidence and people
Seizures
When the police take possession of property make an arrest or restrict a person ability to move freely
Reasonable suspicion
Specific and articulable facts which when taken together would convince a person of reasonable caution to believe v that a person has committed , is committed or is about to committed a crime
Probable cuase
Is the fact and circumstances sufficient to convince a person of reasonable caution to believe that
In the case of arrest: a crime has been comitted and the person arrest has committed it and
In the case of arrest: a specific item subject to seizures will be found
Exclusionary rule
Makes any evidence obtained by police in unreasonable search or seizures inadmissible in court.
Commonly referred to as the "fruit of the poisonous tree" doctrine,
the purpose of the exclusionary rule is to deter police officers from
conducting searches and seizures in violation of the 4th Amendment
and to provide a remedy for defendants whose rights have been
infringed. [Show Less]