Criminal Procedure

1. Criminal Procedure 7th Edition Joel Samaha Thomson-Wadsworth Publishing

2. Criminal Procedure and the Constitution Chapter 2

3. Constitutionalism In a constitutional democracy, constitutionalism is the idea that constitutions adopted by the whole people are a higher form of law than ordinary laws passed by legislatures. Constitutions are permanent, general principles. Laws are detailed, constantly changing rules.

4. Constitutions Constitutions have six characteristics: They are the highest form of law. They express the will of the whole people. They always bind the government. They cannot be changed by the government. They can only be changed by direct action by the whole people. They embody the fundamental values of the people.

5. The Law of Criminal Procedure The U.S. Constitution is the highest authority in criminal procedure. The law of criminal procedure is based on the Bill of Rights. They are rules that the government must follow to: Detect and investigate crimes Apprehend suspects Prosecute and convict defendants Punish criminals

6. Criminal Procedure Provisions and the Constitution Most criminal procedure provisions are found in the following amendments to the U.S. Constitution: Fourth Fifth Sixth Eighth Fourteenth

7. Criminal Procedure Protections in the Bill of Rights

8. The U.S. Constitution and the Courts The supremacy clause and judicial review together establish that criminal procedure has to answer to the U.S. Constitution. All courts can interpret the Constitution, but the U.S. Supreme Court has the final word. U.S. Supreme Court decisions bind all other courts. States� rules cannot violate the U.S. Constitution.

9. State Constitutions and State Courts Every state constitution guarantees its citizens parallel rights�rights similar to those in the U.S. Constitution and Bill of Rights. States can raise the minimum standards of rights set by the U.S. Supreme court but cannot reduce rights below that standard.

10. State Courts as a Source of Criminal Procedure Law State courts are a source of criminal procedural law in two types of cases: Those involving the U.S. Constitution that the U.S. Supreme Court hasn�t decided yet. Those involving their own state constitutions.

11. Due Process of Law According to the 14th Amendment, states must provide due process and equal protection of the law. Procedural due process means �fair process.� Due process guarantees fair procedures for deciding cases.

12. Hurtado and Charging by Information Hurtado v. California (1884)�the defendant Joseph Hurtado was indicted in a murder case without being charged by a grand jury. Hurtado argued that charging by information was unconstitutional under the 14th and 5th Amendments. The court rejected his argument (but later adopted the view in the 1960s).

13. The �Scottsboro Boys� and Due Process of Law Powell v. Alabama (1932)�nine black defendants, �the Scottsboro boys,� were charged with raping two white girls. With an alcoholic defense attorney, 8 were tried, convicted, and sentenced to death in a span of four days. The Alabama Supreme Court upheld the convictions, but the U.S. Supreme Court later overturned them because the boys were denied due process of law.

14. Brown v. Mississippi and Coerced Confessions Brown v. Mississippi (1936)�three black men were severely and repeatedly beaten until they confessed to killing a white man. After a one day trial, all three were convicted and sentenced to death. The Mississippi Supreme Court affirmed the convictions. The U.S. Supreme Court reversed the convictions, ruling that the confessions were anything but voluntary.

15. The Fundamental Fairness Doctrine Powell v. Alabama and Brown v. Mississippi established the fundamental fairness doctrine. According to this, states must provide two basics of a fair trial: Notice to defendants of the charges against them. A hearing on the facts before convicting and punishing defendants.

16. The Incorporation Doctrine By the 1960s, the majority of the Court came to reject the fundamental fairness doctrine, favoring instead the incorporation doctrine. This defined 14th Amendment due process as applying specific provisions of the Bill of Rights to state criminal procedures. Fundamental fairness doctrine focused on general fairness, while incorporation focused on specific procedures.

17. Bill of Rights Provisions Incorporated (as of 2007)

18. Equal Protection of the Law A constitutional command since 1868, equal protection protects people from being investigated, apprehended, convicted, and punished unreasonably.

19. Violating Equal Protection of the Law To claim a violation of equal protections, defendants must prove two things: Discriminatory effect�The official action was based on race or some other group identity. Discriminatory purpose�The named official in the group intended to discriminate against the named individual because of race or some other group identity.