15Crim Pro--Spitzer F99

15Crim Pro--Spitzer F99 - Criminal Procedure/Spritzer/Fall...

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Criminal Procedure/Spritzer/Fall 99 I. Overview of Criminal Justice Process -a series of procedures through which the substantive criminal law is enforced -SC’s interpretation of 4 th , 5 th , 6 th , 8 th amendments has given us parameters and some degree of uniformity but hallmark of American criminal justice process is diversity A. Elements of Diversity 1. fifty-two lawmaking JDs (50 states, D.C., fed system) 2. “local” law (elaborates fed constitutional regulations) 3. diversity in local law (adoption of Federal Rules and model codes) 4. diversity in applicable law w/i a single JD (procedural subsets for different offenses or different categories of officials) 5. diversity in administration (discretion) 6. range of discretion (broadest where the decision is not to exercise governmental power adversely to the individual, more restrictive where the official exercises governmental power and the choice is between alternative procedures) 7. factors influencing exercise of discretion (administrative environment shaped by agency bureaucracy and local community) 8. fragmentation of enforcement agencies (separation of police and prosecutorial agencies and separation w/i these agencies) 9. organizational variations (“administrative ethos”) 10. variations in administrative interactions (interdependence) 11. community variations B. The Steps in the Process (some continuing and overlapping) 1. crime reported (“known offense”) 2. prearrest investigation a. on-scene arrests b. reactive investigations c. proactive investigations (deception) d. prosecutorial investigations (subpoena authority) 3. arrest (warrant or warrantless) 4. booking 5. post-arrest investigation (lineup) 6. decision to charge a. pre-filing police screening b. pre-filing prosecutor screening c. post-filing prosecutor screening 7. complaint (charging doc, later replaced by #12 in felony cases) 8. magistrate review/”Gerstein review” 9. initial appearance (ID def, advise rights, set bail) 10. preliminary hearing (if PC, bindover to trial court) 11. grand jury review (usually optional) 12. information/indictment (replaces complaint as charging doc) 13. arraignment (plea) 14. pretrial motions 15. trial 16. post-trial motions 17. sentencing (fine, release, incarceration) 18. appeals 19. postconviction remedies II. Nature and Scope of 14 th Amendment Due Process; Retroactivity; Federal “Supervisory Power”; State Rights Protections 1
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A. The “Ordered Liberty” – “Fundamental Fairness,” “Total Incorporation” and “Selective Incorporation” Theories 1. History -There was a concern that the original Constitution contained insufficient protection for individuals against overreaching by the feds. Assurance was given that the 1 st Congress would address the concern and the Bill of Rights resulted. Many states put similar protections in their own constitutions. In Barron v. Baltimore the Ct ruled that the Bill of Rights did not apply as against state action. The post Civil Warm amendments (14
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This note was uploaded on 09/21/2009 for the course LAW All taught by Professor All during the Fall '09 term at University of the West.

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15Crim Pro--Spitzer F99 - Criminal Procedure/Spritzer/Fall...

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