Introduction Flashcards
4th Amendment
right for people to be secure in their persons, houses, papers, and effects against unreasonable search an seizure
5th Amendment
self-incrimination clause/due process clause
6th Amendment
in criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury… and to have the assistance of counsel for his defense.”
Actors in the system
government, defendants, polices, judges, defense counsel, public defenders, etc.
Incorporation
Bill of Rights does extend to the states and each right is selectively incorporated on a case-by-case basis
Brown v. Mississippi
first SCOTUS involvement in criminal procedure
States can regulate criminal procedure, but it has to follow the fundamental rights laid out in the constitution
Torture chamber is not the witness stand
Powell v. Alabama
In a capital case, where the defendants cannot employ counsel or make his own defense, the law requires the state to provide adequate, prepared counsel