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Why the Constitution Matters - July 12

Short course on the police and the Constitution
by

Murray Farr

on 4 January 2018

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Transcript of Why the Constitution Matters - July 12

Advice
Thank you for your attention!
Dont Tarnish the Badge
And one more thing...
is here
Sovereignty
Union
Expert Advise
Rules made by people for people
Communal control/not dictatorial
Federal/state power coexists
Benefit to cooperation
What is justice?
Fairness
Even-handedness
Retribution
Justice
Order
Control/order necessary for free society
Exercise of rights cannot violate rights of others
Power
Police have awesome discretion

Physical impact - detain/arrest

Psychological impact – most important encounter

Reputational – differs among certain groups
Liberty
Police deprive citizens of freedom

Police protect freedom of society
Posterity
Permanence
Future Generations
All of Person Descendants
Larger impact of every decision
Why the Constitution Matters in Law Enforcement
Constituion
as Limit
Cop = Government
Restraints on Government
Affirmative rights – activities you protect
Negative rights – things you can’t do
Due Process
Educate
Respect
Decision Making
Larger Tradition
Procedural Justice
Know the Rules
Stay Current
Education
Retraining
The People you Police
Lawyers/Process
Yourself
Good Decisions
Governed by sense of
Fairness/Liberty
You work in a fish bowl
Embrace it, don’t fight it
Broad impact is PRIVILEGE
Cost is care, attention to rules
Procedural justice is based on four central principles:
treating people with dignity and respect,
giving citizens 'voice' during encounters,
being neutral in decision making,
and conveying trustworthy motives.
A fundamental, constitutional guarantee that all legal proceedings will be fair and that one will be given notice of the proceedings and an opportunity to be heard before the government acts to take away one's life, liberty, or property. Also, a constitutional guarantee that a law shall not be unreasonable, Arbitrary, or capricious.
By the Way This is Me
Amendment I

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Amendment II

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

Amendment III

No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Amendment V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Amendment VI

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

Amendment VII

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

Amendment VIII

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Amendment IX

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Amendment X

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
Bill of Rights
Full transcript