Criminal Justice

Candace Garrett MWF 10:00-10:50

AJ 411

Review Questions

1. What elements does Cohen identify as justifying police action?

The violations must be knowable to all.

The violations must be widespread and systematic.

The force used must save more lives than its injuries.

2. What are the most problematic elements of the Patriot Act?

The Patriot Act was passed swiftly, with little debate. The most controversial portions included the sneak and peek provision. Sect.213 which allowed federal agents to search someone’s residence without telling those who lived there even after the fact. Also controversial was Sect. 214, which authorized the issuance of pen register warrants- warrants that allow devices that record outgoing numbers from a telephone on less than probable cause. Section 505 which broadened the authority of the FBI to issue national security letters.

3. What are the holdings of Handi vs. Rumsfeld, Rasual vs. Bush, Clark vs. Martinez and Hamdan vs. Rumsfeld?

In some early cases that finally reached the U.S Supreme Court, the court held that the detention practices violated individual rights. In Handi v. Rumsfeld, 542 U.S 507(2004), the court held that U.S citizens could not be held identifiably without charges even if they were labeled enemy combatants. In Rusual vs. Bush, 542. U.S. 466(2004), the court held that defiance’s in Guantanamo could challenge their detention in U.S federal courts. A related case was Clark vs. Martinez, 125 S.Court 716(2005), which involved Cubans held for years in federal penitentiaries after illegally entering the United States. In this case, the court held that the government may identifiably detain even illegal immigrants without some due process. In Hamdam vs. Rumsfeld 125 S.Court. 972 (2005). The Supreme Court held that the “military commissions” set up as a type of due process for the defiance’s were outside the president’s power to create and was, therefore invalid.

4. What...