Chapter 2: Sources of Criminal Procedure

Question 1

“Shock the Conscience” Standard

Answer 1

Legally, an act that appears “grossly unjust” to the observer.

Standard that determines whether an act is so unjust/wrong that it warrants a court to intervene.

Question 2

–THE SOURCES OF CRIMINAL PROCEDURE–

Question 3

Constitutional Political System

Answer 3

Political system wherein the powers of each branch of govt. are defined by a Constitution.

Question 4

Bill of Rights

Answer 4

First 8 Amendments protecting individual rights of Americans citizens against abuses of the Federal and State govt.

Question 5

What is the “constitutionalization” of criminal procedure?

Answer 5

Describes the incorporation of the first 8 amendments of the Bill of Rights into the Due Process Clause of the 14th Amendment.

Allows criminal defendants to enjoy same constitutional protections in both the federal and state criminal justice system.

Question 6

–The U.S. Supreme Court–

Question 7

National Supremacy Clause

Answer 7

The Constitution and federal statutes are the highest laws of the land; no state laws/provisions supersede federal law.

Question 8

Judicial Review

Answer 8

Implied power of the Supreme Court to to interpret the Constitution and strike down laws inconsistent with the Constitution.

Question 9

Supervisory Authority

Answer 9

Describes Supreme Court’s authority to enforce standards of law that are not explicitly mentioned in the Constitution.

Question 10

–State Constitutions and Court Decisions–

Question 11

Each state has it’s own _______________. It’s oftentimes very similar to the ______ constitution, but may provide defendants with ____________ rights than those in the ______________ constitution, and may ___________ specifically the interpretation behind each of those rights-what those rights mean.

Answer 11

constitution; U.S.; more; federal; clarify

Question 12

Interpretation of ______________ constitutions falls to the __________. Rulings by the State Supreme Court are ____________ on all _________ state courts.

Answer 12

state; state; binding; lower

Question 13

!!! The rule is that the ____________ constitution CANNOT provide a defendant with _________ rights than the _______ constitution, but may provide them with _________.!!!

Answer 13

State; less; U.S.; more

Question 14

New Judicial Federalism

Answer 14

Provisions of the state constitution interpreted by the State Supreme Court may provide a defendant with more rights than the U.S. Supreme Court interpreting a similar clause of the U.S. Constitution.

Question 15

Basically, all you need to know is that a defendant enjoys the rights afforded to him by both the ___________ constitutions AND the first _____ amendments of the U.S. Constitution.

Answer 15

state; 8

Question 16

–Federal and State Statutes–

Question 17

Code of criminal procedure

Answer 17

set of laws (state or federal) regarding criminal procedure that add to constitutional provisions.

Question 18

Interpretation of _____________ constitution falls to the _____________; the interpretation of the _____________ constitution falls to the _________________ government.

Answer 18

state; U.S.; federal

Question 19

–Rules of Criminal Procedure–

Question 20

Federal Rules of Criminal Procedure (definition)

Answer 20

Rules drafted by federal judges, approved by Congress.

Question 21

Federal Rules of Criminal Procedure: In Depth

The federal rules of criminal procedure detail/cover every aspect of the criminal justice process (on a federal level) from the filing of a ____________ document from the ___________, to _____________ hearing in a _____________ court (and everything in between, including pre-______ __________, grand ___________, plea _____________, and ___________). These rules are created and amended during a regular (annual) meeting of federal judges. These rules are then sent to the _________ Justice of the U.S. Supreme Court. If they agree, the rules are sent to ______________, where it will be ratified, vetoed, and/or amended.

Answer 21

complaint; prosecutor; sentencing; District; trial motions; juries; bargaining; sentencing; Chief; Congress

Question 22

THE DEVELOPMENT OF DUE PROCESS

Question 23

Constitutionalization

Answer 23

aka. nationalization.
Theorizes that one’s first 8 bill of rights protections are summarized in the Due Process Clause of the 14th Amendment.

Question 24

Due Process Clause

Answer 24

Prohibits taking one’s life, liberty, or property w/o due process of law (following the formal adjudication process).

Summarizes, but is not confined to the first 8 amendments of the Constitution.

Question 25

What did Barron v. Baltimore, (1833) decide?

Answer 25

That the 5th Amendment, and more generally the first 8 amendments of the Constitution, did not apply to the states through to the Due Process clause as well as the federal simoultaneously.

Justice Marshall reasoned that if the framers of the Constitution wanted the bill of rights to apply to the states, then they would’ve explicitly said that.

Question 26

14th Amendment (S1)

Answer 26

Anyone born / naturalized in the U.S., is a citizen of the U.S. and the state in which they reside.

No state shall make any laws depriving anyone of the privileges and immunities of the citizens of the United States.

No one may be deprived of life, liberty, or property without due process of law.

No state shall deprive anyone within its jurisdiction of equal protection of law.

Question 27

What did the Slaughter House Cases, (1873) decide?

Answer 27

That the provisions of the bill of rights do not apply to the states through the privileges and immunities clause of the 14th Amendment.

(Differentiated between citizens of the states and citizens of the united states, and also that the amendment was meant to protect the rights of non-resident visitors of states wherein they didn’t live.)

Question 28

3 Methods of incorporating protections from the bill of rights to the states:

Answer 28

1. Fundamental Fairness
2. Total Incorporation / Total Incorporation Plus
3. Selective Incorporation / Selective Incorporation Plus

Question 29

Fundamental Fairness

Answer 29

Standard for incorporating bill of rights provisions into the 14th Amendment:

The protection must be absolutely essential to the preservation of ordered liberty and justice.

Question 30

Total Incorporation
&
Total Incorporation Plus

Answer 30

Favors placing all provisions of the bill of rights in the due process clause.
&
Favors placing all provisions of the bill of rights in the due process clause and other rights not mentioned in the Bill of Rights.

Question 31

Selective Incorporation
&
Selective Incorporation Plus

Answer 31

Favors placing particular provisions essential to liberty of the bill of rights in due process clause.
&
Favors placing particular provisions essential to liberty of the bill of rights in due process clause, and other rights not mentioned in the Bill of Rights.

Question 32

Problems with Fundamental Fairness Doctrine:

Decision making: doesn’t establish a _____________ standard for determining which laws are _____________ to the scheme of _____________ _____________ and ____________ that are to be included in the 14th Amendment Due process clause.

Bill of Rights: The Framers made the bill of rights with the ______________ of making these protections available to citizens ____ __________ ____ the _________ government as well as the federal government.

Answer 32

definite; essential; ordered liberty; justice; intent; in relation to; state

Question 33

Presumption of Regularity

Answer 33

A court’s assumption that the decision makers in the criminal justice system are acting on good faith, and w/o discriminatory intent.

Question 34

Selective Prosecution

Answer 34

Form of prosecution prohibited by Constitution because it violates the Equal Protection clause of the 5th and 14th amendments, by prosecuting someone based on race, gender, or any form of exercising one’s fundamental rights.

Question 35

Retroactivity of Judicial Decisions

Answer 35

Principle that a judgment (new rule) issued the Court now applies to all (relevant) cases that have yet to be decided, and cases that have been decided.

Question 36

Retroactivity of Judicial Decisions applies a “_____ _____.”

Answer 36

New Rule

Question 37

New Rule

Answer 37

Procedures established by the Court that up until this point were not enforced.

Question 38

The Problem with New Rule:

Answer 38

Essentially, defendants who have already convicted, in federal and state court, under the “old rule,” can file a writ of habeas corpus, challenging their detention. From there, there’s a number of cascading problems:

• avalanche of appeals for prior cases.
• witnesses from old trials will be hard to find.
• memories of individuals involved in prior trials may be faded.
• The last the the justice system needs, is more cases to be backlogged (notwithstanding newer cases that have already been filed).

Question 39

How the New Rule Operates:

Trials: The new rule applies to trials that have ______ been decided, where ruling is ______________.

Appeals: The new rule applies to cases on ________ , or cases _________ to be ____________.

Habeas Corpus: The new rule does ______ apply to cases that have already been decided, ____________ the new rule is initiated.
- Those are defendants who have already exhausted their appeal resources, and can now only rely on a writ of habeas corpus, challenging not on the basis of the new rule, but on the constitutionality of their conviction (& detention).

Answer 39

NOT; pending

appeal; about; appealed

NOT; BEFORE

Question 40

Impact of Supreme Court (2): Through the lens of Miranda Rights

1) Supreme Court can’t waive a magic wand, and automatically __________ the ____________ of several officers, etc. Some decisions handed down by the Supreme Court take years before decisions are actually ____________, becoming effective. For instance, the Supreme Court has issued 35+ rulings on how the 3-part Miranda rights warning is to be issued during formal ____________ . Even then, the Court (as said above) can’t automatically change every police officers, prosecutors, and judges behavior–so rulings go unimplemented for years.

2) The Court’s rulings may have ______________ consequences. For instance, there are several unintended outcomes of forcing officers to read the Miranda warning:

• Officers may read it in a way that makes defendants ______________ with using their 5th amendment rights.
• Defendants may be ___________ /may _____________ Miranda rights.
• Police officers don’t always keep track of ________ Supreme Court rulings on _______ Miranda is to be read.

Answer 40

change; practice; implemented; arrests

unintended; uncomfortable; confused; misinterpret; new; how

Question 41

Two Models of Criminal Procedure

Answer 41

1) Crime Control Model
2) Due Process Model

Question 42

Crime Control Model
(Assembly Line approach to criminal justice)

Answer 42

Belief that prevention and punishment of crime is one of the most important functions of the government.

Focused primarily on…
- arrest, charging, trial, conviction/acquittal, sentencing of defendant.
- tries, also, to limit appeals by defendants, to keep anti-social individuals away from society.

Question 43

Due Process Model
(Obstacle Course approach to criminal justice)

Answer 43

Belief that protecting defendant’s individual rights in criminal justice system is one of the most important functions of the government.

Focused primarily on…
- protecting individual rights,
- ensuring fair treatment,
- producing reliable/accurate results