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The Sources of Criminal Procedure

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Presentation on theme: "The Sources of Criminal Procedure"— Presentation transcript:

1 The Sources of Criminal Procedure
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 State 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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