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Chapter 2

Chapter 2. The Sources of Criminal Procedure. Sources. U.S. Constitution U.S. Supreme Court State constitutions State appellate court decisions Federal statutes State statutes. Rules of Procedure. Federal rules steps in the process of the federal system

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Chapter 2

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  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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