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0) rudovsky_con_crim_pro_2006-1

0) rudovsky_con_crim_pro_2006-1 - Constitutional Criminal...

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Constitutional Criminal Procedure Outline – Rudovsky – Spring 2006 Constitutional Decision Making Supreme Court announces a constitutional doctrine and then it binds both the federal and state governments (at all levels) Many cases are outcome determinative due to constitutional and procedural rules o A great majority of criminal cases are not decided on substantive law o Procedure and evidence control the outcomes Three Historical States (1) From Independence (bill of rights adopted) to the passage of the 14th Amendment o Constitution had nothing to say about criminal procedural rights of defendants o Bill of Rights only applied against the federal government and not the states o Most cases then and now are state prosecutions o No development. Only a case here and there (2) Post 14th amendment o In light of the 14 th amendment’s application of the Bill of Rights against the states, the Supreme Court need to decide how to apply due process with respect to criminal prosecutions The Debate was whether the Bill of Rights should apply against the states in the same way it applies to the federal government Debate becomes does a court simply define due process as fundamental fairness or, at the other extreme, the incorporation argument is that you should incorporate bill of rights through 14th amendment Incorporation = Bill of Rights applies to the states in the same way it applies to the federal government Incorporation was not the doctrine initially adopted, instead it was fundamental fairness Fundamental Fairness = conduct that shocked the conscience of the Court The Court rejected claims that the 14 th was applicable against state police, self incrimination, etc Only extreme racial discrimination was considered a violation by the Supreme Court – threatened juries, no counsel, torture, etc o From time 14th Amendment passed until 1950s – 1960s, Court rejected idea that certain provisions of bill of rights were automatically applicable to the states o In late 50s and 60s, incorporation argument wins out. (3) 1960s on o Court now has applied virtually all of the specific guarantees of the bill of rights (4th, 5th, and 6th Amendments) to the states. o States now controlled by federal principles o Every right other than grand jury indictment (7 th Amendment) in the bill of rights have been incorporated to the states through the 14 th amendment due process clause o State constitutional law – interplays with federal law. States courts sometimes interpret their constitutions even more liberally than did the SC The Bill of Rights – 4 th , 5 th , and 6 th Amendments o 4 th Amendment – Forbids unreasonable searches and seizures o 5 th Amendment – Bans compelled self-incrimination o 6 th Amendment – Grants defendants the right to have the assistance of counsel
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Right to a Jury Trial Duncan v. Louisiana You have the right to a jury trial for any crime punishable by more than six months in jail ; Duncan was the last major incorporation case o
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