Criminal Procedure for the Criminal Justice Professional 11th Edition

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Criminal Procedure for the Criminal Justice
Professional 11th Edition

• John N. Ferdico
• Henry F. Fradella
• Christopher Totten

Individual Rights Under the United States
Constitution Chapter 1
Prepared by Tony Wolusky
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Herbert Packers Crime Control vs. Due Process
Models
Due Process Model Crime Control Model
Primary Goal Protection of the innocent limiting governmental power. Primary Goal Apprehension, conviction, and punishment of offenders.
Focus Due process respect of individual rights. Focus Crime Control repression of criminal conduct.
Mood Skepticism Mood Certainty
Obstacle Court Justicepresents numerous obstacles to prevent errors and wrongful convictions. Assembly-Line Justiceprocesses cases quickly and efficiently to promote finality of convictions.
Concerned with legal guiltthe assumption that someone is innocent until proven guilty beyond a reasonable doubt. Relies on formal, adjudicative, adversary fact-finding processes. Concerned with factual guiltassumes that someone arrested and charged is probably guilty. Relies on informal, non-adjudicative fact-findingprimarily by police and prosecutors.
Dignity and autonomy of both the accused and the system are to be preserved. Expedition processing of offenders to achieve justice for victims and society as a whole.
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The Power of Judicial Review

• Article VI, Section 2 of the U.S. Constitution is
  known as the Supremacy Clause. It declares that
  the Constitution is the "supreme law of the
  land."
• Constitutional law trumps all other forms of law
  including statutory law, common law, and
  administrative law.
• Judicial review is the duty of the court to
  decide when other laws are in violation of the
  spirit of the constitution.

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The Bill of Rights

• Shortly after the adoption of the constitution,
  ten amendments, the Bill of Rights, were added to
  it to guarantee basic individual liberties,
  including freedom of speech, freedom of the
  press, freedom of religion, and freedom to
  assemble and petition the government.
• Originally applied only to acts of the federal
  government.
• Many rights extended to states with the
  Fourteenth Amendment (1868).

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Habeas Corpus, Bills of Attainder, Ex Post Facto
Laws and Trial Rights

• Article I, Section 9, Clause 2
• The Privilege of the Writ of Habeas Corpus shall
  not be
• suspended, unless when in Cases of Rebellion or
  Invasion
• the public Safety may require it.
• Article I, Section 9, Clause 3
• No Bill of Attainder . . . shall be passed by
  the federal
• government.
• Article I, Section 10, Clause 1
• No State shall . . . pass any Bill of Attainder.
  . . .
• Article I, Section 9, Clause 3
• No . . . ex post facto Law shall be passed by
  the federal
• government.
• Article I, Section 10, Clause 1
• No state shall . . . pass any . . . ex post facto
  Law. . . .
• Article III, Sections 1 and 2
• Article III, Sections 1 and 2, of the
  Constitution deal with
• the judicial system of the United States and are
  too long to
• be reproduced here.

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Trial Rights

• The majority of due process rights are
  implemented during the criminal trial and include
  the right to confront witnesses, jury trial,
  right to counsel, self representation, speedy
  trial, and a fair trial. Which do you think is
  the most important? Why?
• When it comes to the right of self
  representation, Supreme Court requires the person
  show they have competence, knowledge, and
  intelligence to waive their right to counsel. Do
  you think this is an unfair limitation on a
  persons right to defend themselves? Why or why
  not?

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Trial Rights

• Insert video on trial rights found at
• http//www.wadsworthmedia.com/cj/cjsystem/cjsystem
  _trial.swf

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Conviction for Treason

• Article III, Section 3
• Treason against the United States, shall consist
  only in
• levying War against them, or in adhering to their
  Enemies,
• giving them Aid and Comfort. No Person shall be
  convicted
• of Treason unless on the Testimony of two
  Witnesses to
• the same overt Act, or on Confession in open
  Court. The
• Congress shall have power to declare the
  Punishment of
• Treason, but no Attainder of Treason shall work
  Corruption
• of Blood, or Forfeiture except during the Life of
  the Person
• attainted.
• Treason is the only crime defined by the
  Constitution.

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First Amendment Guarantees

• Freedoms of Speech, Expression, and Peaceable
  Assembly
• Free Speech includes symbolic speech.
• Governmental entities are entitled to regulate
  the time, place, and manner of speech.
• Defamation, words that incite immanent
  lawlessness, and obscenity lie beyond the realm
  of First Amendment protection.
• The establishment clause restricts establishment
  of government-sponsored religion.
• The free exercise clause allows people to
  practice religion without undue government
  interference.

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Second Amendment Guarantees

• The Supreme Court has held that the state and
  federal governments may pass laws prohibiting the
  carrying of concealed weapons, requiring the
  registration of firearms, and limiting the sale
  of firearms for other than military uses.

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Third Amendment Guarantees

• Before the American Revolution, colonists were
  frequently required, against their will, to
  provide lodging and food for British soldiers.
  The Third Amendment prohibited the continuation
  of this onerous practice.

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Fourth Amendment Guarantees

• The Fourth Amendment protects people and their
  property from unreasonable searches and seizures
  by governmental officers.

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Fifth Amendment Guarantees

• Indictment by grand jury
• Before a person is tried in federal court for an
  infamous crime, he or she must first be indicted
  by a grand jury.
• Freedom from double jeopardy
• Protects against multiple criminal punishments
  for the same offense.
• Also contains the dual sovereignty and collateral
  estoppel doctrines.
• Privilege against self-incrimination
• Protects people from being incriminated by their
  own compelled testimonial communications.

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Fifth Amendment Guarantees Cont.

• The right to due process
• Provides procedural due process, substantive due
  process, and equal protection of law.
• The right to just compensation
• The power of the government to acquire private
  property is called eminent domain.

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Sixth Amendment Guarantees

• Right to a speedy and public trial
• Right to trial by an impartial jury
• Right to notice of charges
• Right to confrontation of witness
• Through face-to-face witness testimony and an
  opportunity for cross-examination.
• Guarantee of compulsory process
• Right to compel the attendance of favorable
  witnesses at trial, usually through a
  court-issued subpoena.
• Right to Representation by Counsel
• For all prosecutions that may result in
  imprisonment.

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Seventh Amendment Guarantees

• Except as provided by local federal court rules,
  if a case is brought in a federal court and a
  money judgment is sought that exceeds twenty
  dollars, the party bringing the suit and the
  defendant are entitled to have the controversy
  decided by the unanimous verdict of a jury of
  twelve people.
• Applies only to federal civil trials and not to
  civil suits in state courts.

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Eighth Amendment Guarantees

• No excessive bail
• Everyone does not have the right to bail, but if
  granted, the bail may not be excessive.
• Freedom from cruel and unusual punishment
• Limits sanctions that violate the principle of
  proportionality.

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Amendment VIII

• Traditionally, a person must provide money to
  support release on bail. Some have argued that
  this is unfair to indigent people accused of a
  crime. What do you think?
• Under many state constitutions, when a capital
  offense such as murder is charged, bail may be
  denied altogether if the proof is evident or the
  presumption great. Is this consistent with the
  Eighth Amendment?

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Ninth Amendment Guarantees

• Powers of government are limited by the rights of
  the people.
• The Constitution did not intend, by expressly
  guaranteeing certain rights of the people, to
  grant the government unlimited power to invade
  other rights of the people.

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Tenth Amendment Guarantees

• Embodies the principle of federalism, which
  reserves for the states the remainder of powers
  not granted to the federal government or
  expressly withheld from the states.

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Fourteenth Amendment Guarantees

• The right to due process
• The right to equal protection of the laws
• Prevents any state from making unreasonable,
  arbitrary distinctions between different persons
  as to their rights and privileges.