PROCEDURAL CRIMINAL LAW + RULE OF LAW

What is procedural criminal law?

Procedural law is the set of rules that control how a court case moves through the legal system.

Who must follow procedural criminal law?

Officials such as law enforcement officers, corrections officials, prosecutors, and others involved in the criminal justice process.

What stages of the criminal justice process are governed by procedural criminal law?

Crime prevention, investigations, pre-trial hearings, prison standards, and other stages of the criminal justice process.

What is the purpose of procedural criminal law?

To protect the constitutional rights of defendants and others involved in the criminal justice process.

Why do judges have to interpret the Constitution and Bill of Rights?

The wording is often brief or vague, and society has changed significantly since the Founding.

Why can constitutional rules change over time?

Different Supreme Court justices may interpret constitutional language differently, causing legal rules to change over time.

What are some origins of procedural law?

The Constitution, Magna Carta, reactions to British colonial rule, the Bill of Rights, judicial interpretation/case law, and broader principles of legality.

What constitutional protections are identified as origins of procedural law?

Habeas corpus and ex post facto protections.

What amendments are especially important to procedural criminal law?

The Fourth, Fifth, Sixth, and Eighth Amendments.

What is the rule of law?

The principle that government officials and citizens are bound by and must abide by the law.

What is the broader meaning of the rule of law?

Any universal rule, principle, or pattern that governs conduct, structure, or phenomena

What is legality?

Whether something is lawful.

What is legitimacy?

The perceived justification or acceptance of an action, institution, or legal authority.

What is the difference between legality and legitimacy?

Legality concerns whether something is lawful, while legitimacy concerns whether something is viewed as justified or acceptable.

What is the central challenge of procedural law?

Balancing order and security with liberty and individual rights.

What is due process?

When the government must treat people fairly and follow established rules before taking away their life, liberty, or property.

What is the opposite of due process?

Arbitrary action.

What is the purpose of due process?

To correctly administer laws in a way that is consistent with legal protection of individual rights.

What types of processes can due process require?

Processes such as appropriate evidentiary standards and an independent judiciary.