Criminal Law and Procedure Week 5 Homework
Week 5 Homework
Jonah Colombo Devry University
Author Note
This paper is being submitted August 11, 2013 for Professor Sheryl Prichard’s Criminal Law and Procedure course at Devry University by Jonah Colombo.
Week 5 Homework
1. Page 355 in the text: Questions for Thought and Discussion: Questions 5, 9, and 11
Question 5: Based on the ruling of the Supreme Court in City of Chicago v. Morales, what protections of the individual do you think must be included in an ordinance proscribing loitering? An individual’s protection against illegal search and seizure must be preserved. Just because a group of young people are loitering (gathering with no specific purpose) does not mean they have given up their protection from being searched. The question I have is exactly how does law enforcement know if the young people are in the presence of known gang members? Sure some police officers might recognize a known gang member but without profiling how would a random officer know? In my opinion protection from prejudicial profiling is another must.
Question 9: To what extent does the First Amendment protect the right of citizens to advocate on behalf of groups that have been labeled as terrorist organizations by the federal government? The government may not like it but freedom of speech is a right guaranteed all American citizens. People can “advocate” all they want about terrorist organizations so long as they don’t provide aid, material or financial support or any other type of tangible help. Advocating for a terrorist group, even a so called terrorist group like some abortion groups are labeled, is frowned upon but entirely legal. Someone advocating for Al Qaida will not make many friends but they can say what they want.
Question 11: Evaluate the criticism leveled against the USA PATRIOT Act that the sections quoted in the text unconstitutionally deprive individuals of their civil liberties by such vague terms as “acts intended to influence
Jonah Colombo Devry University
Author Note
This paper is being submitted August 11, 2013 for Professor Sheryl Prichard’s Criminal Law and Procedure course at Devry University by Jonah Colombo.
Week 5 Homework
1. Page 355 in the text: Questions for Thought and Discussion: Questions 5, 9, and 11
Question 5: Based on the ruling of the Supreme Court in City of Chicago v. Morales, what protections of the individual do you think must be included in an ordinance proscribing loitering? An individual’s protection against illegal search and seizure must be preserved. Just because a group of young people are loitering (gathering with no specific purpose) does not mean they have given up their protection from being searched. The question I have is exactly how does law enforcement know if the young people are in the presence of known gang members? Sure some police officers might recognize a known gang member but without profiling how would a random officer know? In my opinion protection from prejudicial profiling is another must.
Question 9: To what extent does the First Amendment protect the right of citizens to advocate on behalf of groups that have been labeled as terrorist organizations by the federal government? The government may not like it but freedom of speech is a right guaranteed all American citizens. People can “advocate” all they want about terrorist organizations so long as they don’t provide aid, material or financial support or any other type of tangible help. Advocating for a terrorist group, even a so called terrorist group like some abortion groups are labeled, is frowned upon but entirely legal. Someone advocating for Al Qaida will not make many friends but they can say what they want.
Question 11: Evaluate the criticism leveled against the USA PATRIOT Act that the sections quoted in the text unconstitutionally deprive individuals of their civil liberties by such vague terms as “acts intended to influence