Huigens.F07Criminal Procedure Outline

Huigens.F07Criminal Procedure Outline - 1 Criminal...

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Criminal Procedure Outline RESISUAL DUE PROCESS .I Failures .a Powell v. Alabama – 1932 (5) – Right to counsel, Scottsboro Boys, 6 th Amendment. Supreme Court could not rule on AL Const, because AL Sup Ct has the final say on the state constitution. Courts concern with lack of education, poverty, race .i. Federalism – Maintain the federal structure and preserve an area for the states. .ii. Court takes the Due Process route – Court confines ruling to facts of the case. No general right to counsel. Court may have been reluctant to require supervision of counsel, which would be necessary if everyone gets the same quality of lawyer. Under the due process clause D gets a lawyer, not necessarily a lawyer equal to everyone else. If equal protection is used then the court has to take on the race issue. Court would have to take on AL. .A. Residual due process clause – Court can apply the clause to a particular case, not the bill of rights, just the due process clause in the most general way .b Betts v. Brady – 1942 (15) – D tried w/o counsel, waived trial by jury. Unlike Powell , state law did not require that D be provided with attorney. The right to counsel is not so fundamental that it is required by due process. 6 th Amendment only applies to federal government. .i. State constitutions were designed to prevent denial of counsel, but not to compel the state to provide counsel in all cases. .A. D was 43, had been tried before, had a chance to present witnesses and cross- examine them, to prepare a case. Case distinguished from Powell. D was not handicapped by lack of counsel. .1 14 th Amendment prohibits conviction and incarceration of one whose trial is offensive e to the common and fundamental ideas of fairness and right. .ii. Black – Dissent – Thinks 6 th is made applicable to the states by the 14 th . The right to counsel in criminal proceedings is fundamental. Lack of counsel subjects innocent men to greater chance of conviction. .II Residual Due Process – The Constitutional violation arises from due process rights that are not specifically enumerated in the Bill of Rights, but more general Due Process rights. .a Medina v. California – D robbed a store, killed some people too. D says he’s crazy. Cal law – Person cannot be tried while they are mentally incompetent. D is unable to assist in his defense. .i. State’s determine who bears the burdens of proof. .A. Patterson v. New York – Balancing test. This test is deferential to state control of burdens of persuasion and production. Historical prong and fairness prong. .1 Historical – Historical practice is probative of whether a procedural rule can be characterized as fundamental. There is no settled tradition on the proper allocation of the burden in competency hearings. Presumption that what the court did before is the right way. The law is not going to change unless there is a very good reason. .2
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Huigens.F07Criminal Procedure Outline - 1 Criminal...

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