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Unformatted text preview: CRIMINAL LAW OUTLINE NEJ: 16-52, 73-95, 132-141 KEEP IN MIND: Multiple suspects = admissible to neither, one, or both? R.E.P. who has it with respect to what? Consent who gives it with respect to what and is it valid? F.O.P.T. could be used all the time Standing self-incrimination, violations of other peoples con. Rights (i.e. evidence against you found at someone elses house) NATURE AND SCOPE OF THE 14 th AMMENDMENT DUE PROCESS-INCORPORATION 14 th amendment o no state may deprive any person of life, liberty, or property without due process of law because the actions of state officials are state action, state criminal procedures are governed by the constitution Applicability of the Bill of rights to the states o Fundamental rights approach The fact that a particular criminal procedure is prohibited by the BOR does not necessarily mean that the 14 th prohibits its use by the state. Requires only those procedures that are implicit in the concept of ordered liberty or which are fundamental to the American scheme of justice Examines each case on its facts rather than applying a particular right to all situations. Palko v. Connecticut (34) (P was found guilty for murder in 2 nd degree and sentenced to life. C appeals arguing that some evidence was improperly excluded and that jury was improperly instructed on difference between 1 st and 2 nd degree murder. CTs SC agree and ordered a new trial where P was sentenced to death. P argues that the new trial violated the 14 th amendment guarantee against double jeopardy) Held that o Only those provisions of the Bill of rights that are implicit in the concept of ordered liberty are applicable to the states by the 14 th Some, but not all constitutional safeguards ensured by the 5 th to Ds in fed court apply to the state Allowing a state the right to appeal when D was convicted of a lesser offense due to a trial error did not violate a fundamental principle of justice Overruled 32 years later, that double jeopardy must also apply to the states Adamson v. California (36) (A challenged his conviction for murder in CA court. At trial, both the prosecutor and the judge pointed out that A had failed to take the stand to rebut the evidence against him. A argued that these comments violates his constitutional right against self-incrimination) held that o The 5 th s protection against self incrimination does not apply to Ds in state prosecutions through the 14 th s Equal Protection clause A state is free to act with respect to the states rights so long as it does not abridge the rights inherent in national citizenship Since protection against self incrimination is not a privilege or immunity of national citizenship, a state need not protect it....
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- Spring '07