Constitutional Criminal Procedure
Substantive vs. Procedural Law
Constitution A written document that embodies the basic laws of a nation or state. The U.S. Constitution as well as the California Constitution identifies the powers and duties of the government and the rights that are afforded to all individuals in our country / state.
Substantive Law Defines criminal offenses and their penalties JAIL
Substantive Law Defines criminal offenses and their penalties JAIL Burglary
JAIL Substantive Law Examples: Penal Code Vehicle Code Health & Safety Code Welfare & Institutions
Procedural Law Explains how substantive laws are to be administered (due process)
Bill of Rights 14 th Amendment “Fundamental Rights”
Total Incorporation No Incorporation Selective Incorporation
Judicial System of the United States
United States Supreme Court Circuit Courts of Appeals District Courts
7-2:The Federal Court Structure
7-3:The Thirteen United States Circuits
State Court System
California Supreme Court District Courts of Appeal County Superior Courts
United States Supreme Court The Court of Last Resort
United States Supreme Court Rule of Four Writ of Certiorari Writ of Habeas Corpus
Funneling Effect7-4:
Dual Court System of the United States State Court SystemFederal Court System U.S. District Courts U.S Supreme Court State Supreme CourtDistrict Courts of Appeal Superior CourtsU.S. Courts of Appeal
Jurisdiction vs. Venue Jurisdiction The legal right “authority” to hear a case. Venue The geographical location of the court. To hold trial in the court of the place where the crime occurred.
Double Jeopardy To be tried twice for one criminal violation. Does not apply between federal court and state court. Can be tried in both – “Dual Sovereignty.”
Amendments that apply to Criminal Justice System
no unreasonable searches or seizures th Amendment
To deter the police... Exclusionary Rule
from violating people’s fourth amendment rights Exclusionary Rule
No double jeopardy No self-incrimination th Amendment
Grand jury indictment in felony case (Federal Law) th Amendment
Speedy and public trial Right to counsel th Amendment
Impartial jury of state and district where crime occurred th Amendment
Notice of nature and cause of accusation th Amendment
Right to confront witnesses th Amendment
Compulsory process for obtaining favorable witnesses th Amendment
Subpoena th Amendment
No excessive bail and fines No cruel and unusual punishment Amendment th inter
Next Week: Criminal Justice Process – Arrest thru Trial, Sentence & Punishment