Lesson 1 Flashcards
Criminal procedure
steps law enforcement must take to get through the maze to catch the criminal
Important rights
4th, 5th, 6th and 8th amendments
1st amendment
right to free speech
2nd amendment
right to bear arms
3rd amendment
quartering of soldiers
4th amendment
search and seizure
5th amendment
due proccess
6th amendment
right to an attorney
7th amendment
civil cases
8th amendment
cruel and unusual punishment
14 amendment
the states must provide the preceding rights to their citizens
statues:
how legislatures provide specific details on how the constitutional rights should be protected.
-also called the legal code or penal code
Case law:
the court explains how the constituional promises apply in everyday sisutations
Theories of incorporation
- ) selective incorporation
- ) total incorporation
- ) total incorporation plus
- ) case-by-case theory
Selective incorporation
the primary perspective to interpreting the 14th amendment
-only fundamental rights listed in the federal constitution are afforded to the individual against the state
total incorporation
ALL listed rights in the federal constitution are afforded to the individual against the state
total incorporation plus
combines both theories of selective and total incorporation and adds fundamental rights not listed in the federal constitution
case-by-case theory
the states should determine the applicable rights based on the individual facts of each case
Creation of Precedent?
Stare decisis
designed to create consistency in law
-stare decisis: once a court makes a decision or a rule, it must abide by that decision
Problem with precedent?
judges who do not deal with the day to day business of crime control are inadequate and create ineffective tools that have limited importance and that police must ignore or bend in order to catch criminals
Due Process
- ensure citizens’ rights first and then to control crime
- liberal political ideologies
- whether basic rights and liberties of individuals are being protected
crime control
- importance of controlling crime, even if civil liberties are sacrificed in some cases
- means to a healthy and safe society
Crime control values
- emphasizes on quantity or quality
- wants to maximize police authority
- has faith in police
- presumes someone is guilty until proven innocent
- want to benefit society first
- wants to control crime at all costs
Due process vaules
- emphasizes quality over quantity
- wants to maximize human freedom
- has faith in the courts
- presumes someone is innocent until proven guilty
- wants to benefit those suspected of crime first
- wants to protect rights at all costs
Bright-line decision
a specific rule handed down by the court
case-by-case desicion
flexible so that the lower courts can scrutinize a case and make a decision on each case
-can create uncertainty
subjectivity reasonableness
reflects an individually based determination of what is reasonable
objective reasonableness
reflects what any reasonable citizen would determine
judicial activism
a judge who strives to make definite decisions on law for the future
US Patriot Act
- centralizes federal law enforcement authority in the U.S.
- Provides CIA oversight of domestic intelligence gathering historically have been aviable to legal and illegal aliens.
Pre-trial phase
- ) the complaint
- ) the investigation
- ) the arrest
- ) The court hearing
- ) The booking
- ) The arraignment
- ) The preliminary hearing
Adjudication phase
- ) the decision to go to trial
- ) discovery
- ) The trial
- ) The verdict
Post-conviction phase
- sentencing
- death *imprisonment *fine *probation
- Appeals
- Right of Habeas corpus
- Carrying out the sentence
