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What are the two Key themes running throughout criminal procure?
- Criminal procedure is concerned with
- 1)the constructional rights of accused persons and
- 2)contains a strong historical dimension.
Why is Criminal procedure synonymous with Constitutional procedure?
the bulk of criminal procedure consists of constitutional procedure. what the Constitution say - usually through Supreme Court interpretation.
Vocab: Criminal Procedure
A vast set of rules and guidelines that describe how suspected and accused criminals are to be handled and processed by the justice system.
What is the Constitutional basis for criminal procedure?
Criminal procedure is mostly about constitutional rights, primarily as they are interpreted by the U.S. Supreme Court
what are the main sources of rights?
besides the Constitution; Court decisions, statutes, and state constitutions.
what constitutional amendments are relevant in criminal procedure?
- the Fourth amendment - unreasonable search and seizure
- fifth amendment - due process of law, compelled to testify, and double jeopardy
- six amendment - right to trial
- 8th amendment - no cruel and unusual punishment
- 14th amendment - equal protection and due process clause
what is incorporation and why should we be concerned with it?