A Constitutional Review: Procedural Due Process [2024]

Overall General Course Goal(s):
To identify and differentiate key concepts and terminologies related to procedural due process.
To review constitutional elements of procedural due process that impact the daily activities of Law Enforcement.
To help law enforcement officers to remember common, but key, constitutional issues that they may not have thought about since their time in the academy.
To help law enforcement officers to remember common, but key, constitutional issues that they may not have thought about since their time in the academy.

Learning Objectives:
Understand the constitutional basis for criminal procedures and the rights that are relevant to citizens in criminal procedures.
Examine the remedies available to citizens when their rights are violated.
Understand the different types of identification techniques used by law enforcement, such as line-ups, show-ups, and simultaneous or sequential photographic lineups.
Recognize the constitutional rights that apply to defendants during identification procedures.
Comprehend the factors that contribute to eyewitness misidentification.\\r\\n• Gain knowledge about the court process for witness testimony.
Understand the scope and limitations of the Fourth Amendment, Fifth Amendment, and Sixth Amendment. This includes:
1. Differentiate between reasonable suspicion and probable cause.
2. Comprehend the process and requirements for obtaining arrest and search warrants.
3. Understand the legal principles and criteria that determine the reasonableness of a search or seizure conducted without a warrant.
4. Three types of encounters between law enforcement and citizens.
5. Understand the elements of a grand jury, protection against double jeopardy, and the right to a speedy trial.

SUMMARY

This course will summarize terminology, concepts, and ideas to assist in your comprehension of the constitutional amendments that frame our government's approach to the process of citizens who are accused of crimes. You will be reminded of the constitutional basis for criminal procedures and the rights of relevance in criminal procedures.
In the procedural due process in our criminal justice system, a citizen's rights are derived from:
1. The U.S. Constitution, which includes the Bill of Rights
2. From various court decisions, mainly the Supreme Court, and this can include other courts as well
3. From state laws and state statutes \\r\\n4. From the Federal Rules of Criminal Procedure are procedural rules that state how to conduct federal criminal proceedings inside the U.S. court systems.

This course will discuss as a matter of review, the basic elements of:
1. Arrest
2. Search
3. Seizure
4. Warrants
5. Reasonable suspicion
6. Probable cause
7. Miranda warnings
8. and after arrest details,
and will cover the salient details of the 4th, 5th, 6th and 8th Amendments.