Understanding Due Process and Criminal Procedure

Procedural due process

The government must follow fair procedures before taking away a person's life, liberty, or property.

Substantive due process

Some rights are so fundamental that the government cannot take them away, even if fair procedures are followed.

Due process clauses

The 5th and 14th Amendments.

Magna Carta (1215)

It laid the foundation for due process principles found in the U.S. Constitution.

Components of a criminal offense

Wrongful act (actus reus), Guilty mind (mens rea), Concurrence of act and intent, Causation (in some crimes).

Actus reus

The wrongful act, including conspiracy or any involvement in the crime.

Mens rea

The guilty mind, such as premeditation, plotting, or scheming.

Probable cause

A well-grounded belief that a person has committed or is committing an offense.

Purpose of criminal procedure

To protect society from anti-social behavior without sacrificing individual rights, justice, and fairness.

Order of criminal procedure

Investigation → Arrest → Trial → Sentencing → Release.

4th Amendment

Applies to investigation.

6th Amendment

Applies to trial.

8th Amendment

Applies to sentencing.

Crimes against persons

Rape, kidnapping, battery, murder.

Crimes against property

Larceny, robbery, burglary, arson.

Crimes against the government

Contempt, perjury, treason.

Felony

Serious crime, over 1 year in prison.

Misdemeanor

Less serious crime, under 1 year in jail.

Felony offenders

Serve their time in state or federal prison.

Misdemeanor offenders

Serve their time in county jail.

Bureau of Prisons (BOP)

Runs federal prisons.

U.S. Marshals

Transport federal detainees to and from court.

Felony and misdemeanor definitions

True - but procedures vary by state, set by the state legislature.

State legislators

Establish and fund state laws.

Executive branch

Enforces laws.

Judicial branch

Interprets laws, ensures fairness, and checks constitutionality.