Question

Read the Case and Directions

State of Sand Crabs   Privileges & Immunities Equal Protection Discussion/Due Process - Issue & Rule Post due 10/17, Reply Post Due 10/19

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The state of Sand Crabs, facing the southern border of our country, has experienced an increase in crime, and a deterioration of effective policing. Most of the crime increase involves crimes of theft, robbery, burglary. Almost all have been crimes of violence without resulting arrests. Residents and businesses alike have been victimized. It has also been documented that over the years there has been an increase in illegal border crossings. Police have literally been under attack. There has been a 32% increase of officers injured during active crime deployment in the last 18 months. This has resulted in several full disability severances pf female officers. At the same time, the State Police force has experienced increased numbers of civil law suits and federal investigation attributed in a rise in the shooting of criminal suspects by a largely young officer base. Many senior officers claim that these young, limited English speaking officers lack patience when responding to crime scenes and do not understand local culture. Rising temperatures have made out-door patrols a grueling operation.

In response to these conditions, a group of state legislators are developing a bill, which will be introduced into the legislature with full hearing, to increase state police forces. It limits member of the state police force to male citizens of the United States who are over the age of 20 years and who have lived in the state for 12 months.

You are asked, using IRAC to review only the Privileges & Immunities, Due Process/Equal Protection Constitutional issues of this proposal.

Remember:

Issues of Constitutional questions must identify the source of the violation, the state actor (defendant), the plaintiff, and act in question

Rule: starts with the general rule (look to the constitution as the tree trunk) followed by elements or more specific rule. Do not name cases or mention facts.

Post: Issue & Rule Statement: Post your original Issue and Rule statement

Answer 1

Issue - The crime rate is continuously on a rise in Sand Crabs. The crimes are violent. The reason is suspected to be the illegal crossing of the border by the immigrants into the country. Police had made no arrests in this matter but are trying hard and many police officers have been injured. Many have been provided with full disability compensation especially, the female officers. But the cases under civil lawsuits and cases which require federal investigations are increasing. Due to this, many young officers out of frustrations have started shooting the crime suspects and the senior officials defended them by saying that they lose patience when they are investigating a crime. Due to an increase in temperature, crime patrolling had become very problematic. At this time to control the situation, state legislatures are opting to make a bill, for increasing the state police force. But this will consist of only male officers, who will be 20 years and above and should have been residing in the USA for at least one year.

Rules- Privileges & Immunities clause states that no person from other states should be treated with discrimination and all the people from every state should have equal privilege and immunity.

Due Process- states that no person can lose their right to live, their liberty and their property without falling in the jurisdiction of the law. Every person has a right to know about the charges against him/her and defend himself by producing sufficient reason. Nobody can prevent anyone from exercising his/ her fundamental rights.

Equal protection clause- states that the State government should not use criminal law on someone by discriminating based on mere suspicion.

Analysis- In this case, the state of Sand Curbs is facing a major problem due to the increasing crime rate as well as decreasing the police force (for injury). The climatic conditions are also not favorable and discouraging the police to move for patroling. As civil crime increased many young officers got out of patience and on the mere suspicion of been a criminal, they shot the people. If we consider the Privileges & Immunities clause, merely crossing the border into another state does not make one suspect of being criminal. they have the right to live and enjoy equal rights in every state. Besides, there is a strict violation of Due process as the police are shooting somebody just on suspicion and the people are not able to produce their explanation. Here, the general public is the plaintiff and the police are the defendant and not going according to the terms of the law. They are also violating the Equal Protection clause as nobody can bring criminal charges on another by suspicion and here the police are violating this law also.

Conclusion- State legislature is correct in appointing police who are mature as well as resident to understand the culture of the place. They are appointing male as female police are more easily injured. But they should remind the police that they have no rights to break the constitutional law , what ever the case may be and strict action should be taken against those, who violates the law.