Lec005_CS_Ch04_cj_ruleoflaw_studnotes

Lec005_CS_Ch04_cj_ruleoflaw_studnotes - Procedural Criminal...

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Process of enforcing substantive law Procedural due process Protect the rights of the accused Ensure that process of taking away liberty is not arbitrary Follow procedures outlined in the law Precedent: Magna Carta of England: “no man shall be arrested, or imprisoned, or disseized, or outlawed, or exciled, or in any way molested; nor will we proceed against him unless by the lawful judgement of his peers or by the law of the land” Procedural Criminal Law
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Sources 1. State constitutions/statutes 2. Judicial opinions 3. U.S. Constitution Bill of Rights (particularly important to the issue of DUE PROCESS), 4th (unreasonable searches and seizures) 5th (right against self-incrimination and other due process rights in criminal cases) 6th (right to counsel/fair trial) 8 th (right against excessive bail, excessive fines, cruel and unusual punishment) 14 th ( right to due process) Procedural Criminal Law
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Fourteenth Amendment and Due Process Ratified in 1868 “No State shall…deprive any person of life, liberty, or property without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws” originally (1700) 1-10 amendments apply only as protection against federal criminal procedures Barron v. Baltimore (1833) INCLUSION of “due process” clause in state criminal processes Process of “Incorporation” Bill of Rights
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Took several Supreme Court rulings on specific cases: to incorporate 14 th Events that led into Incorporation: 1). Powell v. Alabama (1932) Violation of state due process: conviction was upheld Violation of constitutional right to due process: conviction reversed due process clause required courts to provide attorneys for poor defendants facing the death penalty Bill of Rights
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2. 1960s Revolution: Chief Justice Earl Warren of the U.S. Supreme Court led revolution:
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This note was uploaded on 03/18/2008 for the course CJ 110 taught by Professor Maxwell during the Spring '08 term at Michigan State University.

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Lec005_CS_Ch04_cj_ruleoflaw_studnotes - Procedural Criminal...

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