Description of the Law of Criminal Procedure
Rules designed to balance the important governmental functions of: maintaining law and order, and protecting
... [Show More] the rights of citizens.
What causes the common functions to every government to conflict?
An increased emphasis on maintaining law and order will necessarily involve greater intrusions on individual rights will impede the efficient maintenance of law and order.
Who is charged by the Constitution with the protection of individual liberties?
Each branch of the government (Executive, Legislative, Judicial)
What is Judicial Review?
The exercise by the courts of their responsibility to determine whether acts of the other two branches are illegal and void because those acts violate the Constitution.
The importance of the 14th Amendment
Provided that no state shall deprive any person of life, liberty, or property without due process of law.
1st Amendment freedoms
Religion, speech, press, assembly, and right to petition.
guarantees of the 4th Amendment
Searches and Seizures, Warrants, and Probable Cause.
Protections of the 5th Amendment
Self-incrimination, double Jeopardy, Just compensations
6th Amendment rights
Due Process, public and speedy trial, jurisdiction/ venue of trial, confronted by witnesses, assistance of counsel.
8th Amendment Protections
excessive bail or fines, cruel and unusual punishment
Writ of Habeas Corpus
Orders and examination of an alleged illegal detention and orders the release of an illegally confined petitioner.
The Constitution and the "right of privacy"
Nowhere in the Constitution or its amendments is the "right of privacy" explicitly mentioned.
Inalienable rights
(Fundamental rights) that can neither be given or taken away by the government because the Constitution empowers the government to act in the interest of the people, but the people are not limited by it.
The standard of reasonable suspicion
The sort of common-sense conclusion about human behavior upon which practical people are entitled to rely.
Sufficient articulable facts and circumstances, and reasonable inferences drawn from those facts, which would lead a reasonable officer to conclude that criminal activity is afoot.
Terry Vs. Ohio (1968)
Addressed limited intrusion into a person's privacy right and ability to go about his or her business without being briefly detained by the police. The Supreme Court decided that a frisk
is a reasonable limited intrusion and therefore lawful. [Show Less]