State of Sand Crabs  Privileges & Immunities Equal Protection Discussion/Due Process – Issue & Rule Post 

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.

Post Analysis & Conclusion (labeled separately within one Post) 

Reply to Both Analysis & Conclusion – Remember the reply must offer suggestions for improvements, and explanation of suggestions and a rewrite following your suggestions.

• These discussions all have 2 parts, a post in response to my prompt and a reply to another student’s post. Each of these discussion is always assigned 2 different due dates; one for the post and one for the response (usually 2 days apart). These dates will appear in the caption of the discussion which should be accessed through the course home page or landing. Under the caption  of the assignment Canvas shows the final due date of the reply and only that date.  By now you should be used to the internal date process and in future discussions I will not offer full credit for response to my prompt (I call it a post but in fact it is your first reply) after its identified due date.
• All replies to other student’s posts must first acknowledge  by name the student you are responding to. Then you are to offer suggestions for improving what they wrote.(To successfully do this I suggest you check your own understanding of the content and process by return to the text and other material posted in Canvas. The final requirement of all replies to other student’s post is that you rewrite their post following your own suggestions. This complex process serves on a double check of both your understanding of the discussion and another chance to formulate legal writing. Do not merely copy and paste what you have already submitted in your original post as this defeats that part of the learning process. 

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Reply:

ANALYSIS: There has been an increase in crime and a decrease in effective policing in the state of Sand Crabs. Since the state is right on the border there has also been an increase in illegal border crossings over the years. The crimes of violence which have been victimizing residents and businesses haven’t been resulting in arrests. The number of officers that get injured has increased by 32% in the last 18 months and it has been mostly female officers, limited English speaking officers, and young officers. A bill has been propose that will only allow males over the age of 20 that are Citizens of the United States and who have lived in the state for at least 12 months to be a part of the police force. In the preexisting case FORD MOTOR CO. v. MONTANA EIGHTH JUDICIAL DISTRICT COURT ET AL. the plaintiff argues that “The first suit alleged that a 1996 Ford Explorer had malfunctioned, killing Markkaya Gullett near her home in Montana. In the second suit, Adam Bandemer claimed that he was injured in a collision on a Min-nesota road involving a defective 1994 Crown Victoria(1).” The argument got rejected by both state’s supreme court.

CONCLUSION: The Equal Protection Clause which took effect in 1868, provides “nor shall any State … deny to any person within its jurisdiction the equal protection of the laws”. Only allowing males over the age of 20 that are Citizens of the United States and who have lived in the state for at least 12 months to be a part of the police force goes against the the equal protection clause. If federal law prohibits the state to deny equal protention among all citizens then the state of Sand Crabs did go against it.