ASSIGN 2 CRJS 6812

Coursework Instructions:

The Courts as Policymakers While the Supreme Court is extremely powerful, theoretically, it is not able to create law or public policy in the way that the U.S. Congress or the president does. However, the Supreme Court is able to review public policies or laws that are disputed and determine their constitutionality. Supreme Court justices must determine which cases or disputes to hear and then determine if the laws or policies in such cases are constitutional. If they rule that the laws or policies are unconstitutional, they make recommendations about how the laws or policies should be changed or adapted. In this way, the Supreme Court engages in policymaking that impacts the criminal justice system. Resources Be sure to review the Learning Resources before completing this activity. Learning Resources Vile, J. R. (2022). Essential Supreme Court decisions: Summaries of leading cases in U.S. constitutional law (18th ed.). Rowman & Littlefield Publishers. Chapter 4, “Article III: The Judicial Branch” Supreme Court of the United StatesLinks to an external site.. (n.d.). https://www(dot)supremecourt(dot)gov/ OyezLinks to an external site.. (n.d.). https://www(dot)oyez(dot)org/ Lemley, A. (2022). The imperial Supreme CourtLinks to an external site.. Harvard Law Review, 136(1), 97–118. https://harvardlawreview(dot)org/forum/vol-136/the-imperial-supreme-court/ Mello, M. M., & Gostin, L. O. (2023). Public health law modernization 2.0: Rebalancing public health powers and individual liberty in the age of COVID-19Links to an external site.. Health Affairs, 42(3), 318–327. https://doi(dot)org/10.1377/hlthaff.2022.01292 You are required to use the Master’s and Doctoral Courses APA Course Paper Template in this course. OASIS offers many resources to support your academic writing, including free paper reviews. Consider making an appointment for a paper review when you work on any written assignment. You will need to plan ahead when scheduling your appointment to ensure you have enough time to revise your work based on OASIS feedback and submit it on time. OASIS. (n.d.). Writing templates: Master’s and doctoral coursesLinks to an external site.. Walden University. https://academicguides(dot)waldenu(dot)edu/writing/templates OASIS. (n.d.). Paper reviewsLinks to an external site.. Walden University. https://academicguides(dot)waldenu(dot)edu/writing/paper-reviews  To prepare: Review the Learning Resources on policymaking and consider the role of the federal government in the policymaking process. Using the supremecourt.gov website, the Oyez website, and the Nexis Uni database, identify and research a criminal justice–related case considered by the Supreme Court during the last 5 years. Think about the impact of this case on local communities and the criminal justice professionals who work within these communities. Review the OASIS resources and use the Writing Templates: Master’s and Doctoral Courses as a guide for your written Assignment. By Day 7 Imagine that you have been asked to prepare a memorandum on your selected case for the members of a local city council. The council is planning to discuss issues related to your case at their next meeting, and some members are familiar with the case, but many are not. Submit a 2- to 3-page Briefing Memorandum in which you do the following: Briefly describe the primary issue(s). Explain why the court granted certiorari. (Why did the Supreme Court agree to hear the case?) Describe the coalition formed for and against the issue. Explain the implications of the case on criminal justice practice. Provide specific examples to support your claims. Support your Assignment using at least three scholarly sources. These can be Learning Resources and/or other scholarly resources published within the last 5 years. Make sure to provide APA citations and a reference list. Your title page and references page are not included within the required 2–3 pages for your Briefing Memorandum. Please refer to the OASIS Writing Templates: Master’s and Doctoral Courses resource and ensure your paper conforms to the template guidelines. Scholarly sources may include peer-reviewed journal articles, scholarly books, publications written by government agencies, dissertations, and academic conference proceedings. Blog posts, Wikipedia entries, and web articles published by nonacademic organizations are not considered scholarly sources. The following list includes sources that are not acceptable to use. If you have questions about whether a source is appropriate to use in your doctoral coursework, please reach out to your Instructor and/or OASIS staff. Unacceptable Sources for Doctoral Coursework at Walden

Coursework Sample Content Preview:

Briefing Memorandum Student Name Program Name or Degree Name (e.g., Master of Science in Nursing), Walden University COURSE XX: Title of Course Instructor Name December 2, 2022 Briefing Memorandum To: Members of the City Council From: [Insert Name], Policy Analyst Date: 2/12/2025 Subject: Impact of Case v. Montana for Local Public Safety and Criminal Justice Practice Introduction In this memorandum, Case v. has been described. Case v. Montana is a case associated with criminal justice that is presently under the jurisdiction of the U.S Supreme Court. The issue that the Case considers is whether police have the right to enter a home without a warrant through less than probable cause in the Case of responding to a perceived emergency (Case v. Montana, n.d.). Because of the frequency of the local officers carrying out welfare checks, which entail mental-health crises, the decision of the Court will have far-reaching consequences on municipal practice, training of police officers, and relationships with communities. Primary Issues The central issue in Case v. Montana is whether the warrantless raid into the house of Trevor Case contravened the Fourth Amendment. Officers felt that Case could have shot himself, or was drunk, and could have had a gun. They were aware as well of his mental-health battles and his threats. Forty minutes after being unsuccessful in contact, officers forced their way in without a warrant, which eventually led to a confrontation during which Sergeant Pasha shot Case. The constitutional issue that is presented to the Court is whether law enforcement should be permitted to access a home without a search warrant on less than probable cause that some emergency is being experienced . The Case will compel the Court to do so on the standard of the exception to the warrant requirement of the emergency aid and the exigent circumstances. The Reason the Court Granted Certiorari The Supreme Court ordered the granting of certiorari probably because of three reasons. The first reason is lower-court disagreement. There is a wide variety in the use of probable cause of an emergency versus a less stringent reasonable belief in the necessity of the welfare-check entries by the courts. This inconsistency influences the practices of the police all over the country. The other reason is that judicial interest is reinforcing constitutional doctrine. According to recent scholarship, the contemporary Supreme Court has become more aggressive in overruling key fields of law, such as criminal procedure (Harvard Law Review, 2022). The Case offers the possibility to improve Fourth Amendment standards. The other reason is its national importance ...

Updated on March 2, 2026

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