Ch. 2 Criminal Procedure & The Constitution (Q1/Midterm) Flashcards
What is the difference between a constitution and a law?
Constitutions - permanent, general principles
Laws - detailed, constantly changing rules
What is the highest authority in criminal procedure?
The U.S. Constitution
Which portion of the Constitution is the law of criminal procedure based on?
Bill of Rights
What does the Bill of Rights outline?
It outlines what the federal government cannot do
What are the 5 amendments in the U.S. Constitution from which most criminal procedure provisions are found?
4th, 5th, 6th, 8th, & 14th
What are 2 very important rights found in the body of the Constitution mentioned in lecture?
1) Habeas Corpus
2) The right to a jury of one’s peers
What is the purpose of Habeas Corpus?
To allow individuals to challenge any government detention
The { } and { } together establish that criminal procedure has to answer to the U.S. Constitution.
HINT: Both blanks are 2-word answers.
1) Supremacy clause
2) Judicial review
In general terms, what does the Supremacy Clause state?
It states that the U.S. Constitution is the supreme law of the land
What is the purpose of judicial review?
Judicial review allows SCOTUS to determine if a law or action is constitutional
Which case established the principle of judicial review?
Marbury v. Madison
Court opinions refer to past cases to support their reasoning and decision in the present case. What are these prior decisions called?
Precedents
Latin term that translates to “let the decision stand” and demands that judges follow their precedents.
What is stare decisis?
Where did precedents and stare decisis come from?
Common law
Every state constitution guarantees its citizens { } rights, which are similar to those in the U.S. Constitution and Bill of Rights.
Parallel
To what standard are the states held when guaranteeing their citizens with parallel rights?
States can raise the minimum standards of rights set by SCOTUS but cannot reduce them below that standard
This amendment states that no person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury … nor be deprived of life, liberty, or property, without due process of law.
What is the 5th?
This amendment states that no State shall deprive any person (born or naturalized in the U.S.) of life, liberty, or property, without due process of law.
What is the 14th?
The “Scottsboro Boys” case; nine young black kids were charged with raping 2 white girls. This case is important due to how it influenced views on the due process of the law and the right to counsel.
What is Powell v. Alabama (1932)?
Three black men were severely and repeatedly beaten until they confessed to killing a white man. This case is important due to how it influenced views on due process and coerced confessions.
What is Brown v. Mississippi (1936)?
Powell v. Alabama & Brown v. Mississippi established this doctrine.
What is fundamental fairness?
What are the 2 components of the fundamental fairness doctrine?
1) Notice to defendants of charges against them
2) Hearing on the facts before convicting and punishing defendants
By the 1960s, the majority of the Court came to reject the fundamental fairness doctrine, favoring instead the { } doctrine.
Incorporation
What is the difference between selective and total incorporation?
Selective - only some of the Bill of Rights provisions are incorporated into the due process clause of the 14th Amendment
Total - all Bill of Rights provisions are incorporated into the due process clause of the 14th Amendment
What was the “due process revolution,” and when did it occur?
The Due Process Revolution was the gradual incorporation of the Bill of Rights protections to state constitutions from 1960-1969
A law that is above the ordinary law created by legislatures.
What is fundamental law?
In this Bill of Rights provision case, the exclusionary rule was applied to state searches and seizures.
What is Mapp v. Ohio (1961)?
What 2 things must be proven to claim a violation of equal protection?
1) Discriminatory effect
2) Discriminatory purpose
What is the difference between discriminatory effect & purpose?
Effect - action that discriminates against a group identity
Purpose - the intent to discriminate because of group identity
Which is more specific? Discriminatory effect or discriminatory purpose?
Discriminatory purpose
The idea that government actions are presumed lawful unless there is clear evidence to the contrary.
What is the presumption of regularity?
Power of a court to hear and decide cases in a specific geographical area or to deal with a specific subject.
What is jurisdiction?
