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Chapter 2 The Sources of Criminal Procedure. Sources  U.S. Constitution  U.S. Supreme Court  State constitutions  State appellate court decisions.

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Presentation on theme: "Chapter 2 The Sources of Criminal Procedure. Sources  U.S. Constitution  U.S. Supreme Court  State constitutions  State appellate court decisions."— Presentation transcript:

1 Chapter 2 The Sources of Criminal Procedure

2 Sources  U.S. Constitution  U.S. Supreme Court  State constitutions  State appellate court decisions  Federal statutes  State statutes

3 Rules of Procedure  Federal rules steps in the process of the federal system discussed and regularly amended by the Judicial Conference of United States Courts have the force of law  State rules similar to federal

4 Model Code  American Law Institute (ALI)  Model Code of Pre-Arraignment Procedure  United States Attorney’s Manual of the Department of Justice  American Bar Association - Standards for Criminal Justice

5 Development of Due Process  Nationalization  Constitutionalization  Fourteenth Amendment Due Process Clause  Debate over the issue

6 Fourteenth Amendment  Justice John Marshall vs. Professor Erwin Chemerinsky  Slavery and the Civil War  Fundamental fairness  Total incorporation and total incorporation plus  Selective incorporation

7 Fundamental Fairness  States free to conduct criminal trials so long as the procedures are consistent with fundamental fairness  States can prosecute individuals without being bound to the same procedures as the federal government  Freestanding due process approach  Hurtado v. California

8 Fundamental Fairness (cont.)  Major cases and events  Fundamental rights  Bill of Rights  Legal test  Procedures  Rochin v. California

9 Total Incorporation  Fundamental rights  Justice Black dissenting in Adamson v. California  Total incorporation plus  Three steps: due process bill of rights incorporation

10 Selective Incorporation  Rights essential to liberty  Selective incorporation plus  Malloy v. Hogan  Three elements fundamental rights application federalism  Elements of the following Amendments have not been incorporated  Duncan v. Louisiana

11 Equal Protection  Thirteenth Amendment  Fourteenth Amendment  Bolling v. Sharpe  The Equal Protection Clause  Presumption of regularity  Arbitrary classification are unconstitutional  Selective prosecution  Strict scrutiny

12 Impact of S.C. Decisions  Retroactivity  New rule trial appeals habeas corpus U.S. Supreme Court decisions must filter down through the lower courts

13 Desired Components of the System  Efficiency  Accuracy  Fairness  Equality

14 Two Models of Procedure  Crime control assembly line model emphasis on repression of crime  Due process stresses the importance of citizens’ rights better the guilty to free than innocents convicted

15 Why Procedures Matter  Perception of justice is important  Tyler’s four factors voice neutrality respect trust  Importance of legitimacy


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