Revisiting Our Old Friend the Constitution Constitutional Considerations in Criminal Procedure

Revisiting Our Old Friend the Constitution Constitutional Considerations in Criminal Procedure
Duration: 60 Minutes
Module 1Module 1
Recorded on: 2024-04-16
Unit 1Presentation Materials: Revisiting Our Old Friend the Constitution Constitutional Considerations in Criminal Procedure
Unit 2Transcript: Revisiting Our Old Friend the Constitution Constitutional Considerations in Criminal Procedure
Unit 3Workbook: Revisiting Our Old Friend the Constitution Constitutional Considerations in Criminal Procedure
Unit 4Recording: Revisiting Our Old Friend the Constitution Constitutional Considerations in Criminal Procedure

Focusing on constitutionally sound interactions with the public is essential to maintain the balance between protecting civil rights and ensuring public safety. This webinar delves into the critical role of the Constitution in guiding law enforcement activities to ensure the least possible conflicts and problems for the citizens, law enforcement officers, and agencies.

Leading the discussion is Justice Clearinghouse’s favorite, Dr. Jeff Fox. Dr. Fox had 27 prolific years in the field of criminal justice having served as a military policeman, town police officer, trooper, sergeant, first sergeant, lieutenant, training officer, and statewide incident management program manager.

Specifics covered in his presentation include:

  • What constitutional policing entails and promotes highlighting the importance for law enforcement to respect their boundaries of authority and ensuring their actions are constitutional to avoid violations.
  • Quotes from historical figures that underscore the constitution’s role in safeguarding liberties and constraining governmental power.
  • How familiarity with case law is essential for law enforcement to stay current with legal precedents that guide constitutional application.
  • How the Preamble, the Oath of Office, and the Declaration of Independence uphold constitutionality.
  • The Bill of Rights which provides fundamental protections that guide law enforcement practices and criminal procedure.
  • The rule of law framework emphasizing fairness, transparency, and impartiality, reinforcing constitutional compliance in all government actions.
  • Points that must be taken into account when talking about constitutionality.
    • The elements that must be present and constitute what is defined as a crime.
    • The two types of investigations and constitutional questions that may arise in each.
    • Typical actions that may cause issues on constitutionality.
    • Differentiating between the letter of the law and the spirit of the law and how these two concepts are critical in maintaining constitutionality.
    • The concept of discretion and the points where law enforcement must practice discretion to remain in accordance with the constitution.
    • The factors considered to capture the totality of circumstances which is critical for cases.
  • Areas where constitutional issues may arise for law enforcement
    • Standard of proof required and the information privy to law enforcement.
    • Evidence: inculpatory and exculpatory evidence, the exclusionary rule, and exceptions to the exclusionary rule.
    • Exigent circumstances that require high-level of training to ensure constitutional decision-making.
    • Determining voluntariness of subjects in the criminal justice procedure.
    • Seizure of a person and how the police officer’s demeanor of showing authority is central to this.
    • Entrapments, depriving rights under the color of law and their nuances.
  • The arrest/summons decision-making chart and all the constitutional checkpoints within the procedure.
  • Critical questions for law enforcement officers to reflect on when there’s a potential violation that may trigger constitutional questions.

Resources and Handouts:

Questions from the webinar attendees are about:

  • The HR 4639: Fourth Amendment Is Not For Sale Act.
  • Constitutional rights of probationers or parolees.
  • Approach to questioning someone deemed suspicious.
  • Interacting with sovereign citizens.
  • Constitutional Rights of non-US Citizens

 

Other Webinars with This Speaker:

 

Click here to view and register for other upcoming Law Enforcement webinars and recordings on the JCH Platform.

 

 

Resources and Handouts

 

Audience Comments

  • “Excellent webinar.”
  • “Great presentation as always Dr. Fox!”
  • “Great topic, really enjoyed the speaker.”
  • “This was a great presentation. Dr. Fox was knowledgeable and obviously understood the facts and content to a high extent. Enjoyed his presentation style and look forward to viewing his future presentations.”
  • “From my perspective of being in LE for 34 years, I believe this training would be valuable of course for new recruits in an academy, but also for officers as a refresher at different times in their careers. It would be a good use of an hour for an officer with 2 years on, 10 years on, 20, and so on.”
  • “The webinar was handled in a user-friendly manner, geared to law enforcement practitioners.”
  • “So much information on a topical and reoccurring subject, outstanding references, true life situations, and scenarios.”
  • “A professional law enforcement officer can NEVER get enough instruction on the US Constitution, and Dr. Fox’s presentation was a powerhouse of info presented in a very real-world application. While he spoke, I went over to his website, and was impressed with the wide range of topics he has developed.”

 

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