criminal law pt 2 - CLASS 11: CRIMINAL LAW, PART II CLASS...

Info iconThis preview shows pages 1–6. Sign up to view the full content.

View Full Document Right Arrow Icon
CLASS 11: CRIMINAL LAW, PART II
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
1. Constitutional Protections – General Principles 2. Fourth Amendment Protections Against Unreasonable Searches and Seizures 3. Kyllo v. United States (2001) 4. Fifth Amendment Protections 5. Sixth Amendment Protections 6. Eighth Amendment Protections 7. Review Questions CLASS 11: CRIMINAL LAW, PART II
Background image of page 2
Constitutional Protections -There are a number of constitutional protections and guarantees that govern the procedural aspects of criminal cases (including the Fourth, Fifth, Sixth, and Eighth Amendments to the U.S. Constitution). -There are three things to keep in mind: -1. Constitutional guarantees are NOT absolute; -2. In determining the extent of constitutional guarantees, the courts have to balance constitutional protections against other legitimate legal or social policies of society (i.e., the rights of the criminally accused and the rights of society as a whole and the victim, for example); and -3. Constitutional protections vary over time. Constitutional Protections – General Principles
Background image of page 3

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Fourth Amendment – U.S. Constitution “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” Fourth Amendment protects against unreasonable searches and seizures. Fourth Amendment
Background image of page 4
- Evidentiary searches typically require a warrant for the search to be reasonable (there are several exceptions). Probable cause must be present – meaning there is probable cause to believe that seizable evidence will be found on the person or premises at the time the warrant is executed. - To have a Fourth Amendment right, an individual must have a reasonable expectation of privacy with respect to the place searched or the item seized. - Places where a
Background image of page 5

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Image of page 6
This is the end of the preview. Sign up to access the rest of the document.

Page1 / 17

criminal law pt 2 - CLASS 11: CRIMINAL LAW, PART II CLASS...

This preview shows document pages 1 - 6. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online