Question

Privileges & Immunities Equal Protection Discussion/Due Process: Analysis & Conclusion

Privileges & Immunities,/Due Process/Equal Protection Discussion: Analysis & Conclusion

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 F-IRAC to review only the Privileges & Immunities/Due Process/Equal Protection Constitutional issues of this proposal.

Post Analysis & Conclusion (labeled separately within one Post)

Answer 1

Ans : Methodology for Legal Analysis - FIRAC. “Thinking like a Lawyer” and “Applying statutory law to a fact pattern”. A. Sections of an FIRAC.

FIRAC actually stands for FACTS, ISSUE, RULE, APPLICATION and CONCLUSION. It is a method of briefing cases, which is something every student of the law must attempt on some level.

Privileges and Immunities Clause in Business

The two clauses work together to guard the fundamental constitutional rights of individual United States citizens. They also prevent state governments from discriminating against out-of-state citizens or from favoring their own citizens over the citizens of other states. Generally, this means that a state can't deny rights to people simply because they aren't citizens of that state. However, it's helpful to note that the privileges and immunities clauses don't often apply to business activity. One reason is because corporations and companies aren't citizens, and the clauses only grant rights to citizens.

Due Process/Equal Protection Constitutional issues

The equal protection clause prevents the state government from enacting criminal laws that discriminate in an unreasonable and unjustified manner. The Fifth Amendment due process clause prohibits the federal government from discrimination if the discrimination is so unjustifiable that it violates due process of law.

Methodology for Legal Analysis - FIRAC

“Thinking like a Lawyer” and “Applying statutory law to a fact pattern”

Sections of an FIRAC (an acronym for a five step analytical process)

F – State the Facts of the case

I – State the Issue (law question)

R – State the Rule of law that applies

A – State the application - analyze the situation by applying the rule to the Facts

C – Reach a Conclusion

Illustration of the Application of FIRAC

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.

Facts : 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.

Issues: Residents and businesses alike have been victimized. Police have literally been under attack.

Rules: To increase state police forces and effective policing

Application: Limiting 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.

Conclusion: Guilty and shall be punishable with misdemeanor. If the accused is caught, he or she shall be liable for the offence of crimes of theft, robbery, burglary and smuggling in addition to the offence of misdemeanor”