Chapter 1: Intro to Criminal Procedure

Definition: The process that government bodies must follow to enforce the law.
Importance: Most procedural law is enshrined in the U.S. Constitution, established by the Framers’ distrust of a strong national government. Therefore, the Constitution and the Bill of Rights include provisions that limit government power.

Fourth Amendment: Prohibition against unreasonable searches and seizures.
Fifth Amendment: Prohibitions against double jeopardy, self-incrimination, and guarantees the right to a grand jury.
Sixth Amendment: Provides rights to a speedy trial, public trial, impartial trial, and counsel; also known as the “trial rights amendment.”
Eighth Amendment: Prohibition against excessive bail, excessive fines, and cruel and unusual punishment.
Fourteenth Amendment: Grants the right to equal treatment and protection under the law.

Prohibition against Excessive Bail: Example highlighting inequalities (e.g., Wall Street elites vs. a homeless individual).
Prohibition against Excessive Fines: Note that certain laws cannot be enacted without a public hearing.
Prohibition against Cruel and Unusual Punishment: Such punishment must not be degrading, humiliating, or torturous and should be clear and definite.

Definition: The process by which the Bill of Rights is made applicable to the states via the Fourteenth Amendment's due process clause.
Example Case: Mapp v. Ohio (1961) established a precedent for incorporation.
Examples of Supreme Court Rulings: 2015 ruling for the recognition of same-sex marriage as a case of incorporation.

Total Incorporation Perspective: Suggests that all protections in the Bill of Rights should apply to the states.
Selective Incorporation or Fundamental Rights Perspective: This view has prevailed, emphasizing only certain fundamental rights.
Total Incorporation Plus Perspective: Introduces the right to privacy, a fundamental rights assumption even if not expressly stated in the Bill of Rights. Case-by-case analysis necessary.

Critical Considerations:
- Most citizen interactions with police occur at the state/local level, which raises questions about the federal Constitution's role at the state level.
- Concerns about federalism being threatened by incorporation.
- Important separation of powers issues arise from incorporation practices.

First Amendment: Freedom of religion, speech, assembly, and the right to petition for redress of grievances — Fiske v. Kansas (1927).
Fourth Amendment: Prohibition of unreasonable searches and seizures — Wolf v. Colorado (1949).
Fifth Amendment (Self-Incrimination): Protection against compelled self-incrimination — Malloy v. Hogan (1949).
Fifth Amendment (Double Jeopardy): Protection from double jeopardy — Benton v. Maryland (1969).
Sixth Amendment (Right to Counsel): Right to counsel — Gideon v. Wainwright (1963).
Sixth Amendment (Speedy Trial): Right to a speedy trial — Klopfer v. North Carolina (1967).
Sixth Amendment (Public Trial): Right to a public trial — In re Oliver (1948).
Sixth Amendment (Confrontation): Right to confront witnesses — Pointer v. Texas (1965).
Sixth Amendment (Impartial Jury): Right to an impartial jury — Duncan v. Louisiana (1968).
Sixth Amendment (Compulsory Process): Right to compel witnesses — Washington v. Texas (1967).

Definition: “Let the decision stand!”
Context: American law is based on English law; judges apply common law using past decisions as precedents (doctrine known as stare decisis).
- Precedent ensures consistency and is binding on all lower courts.

Reality: Courts dictate how criminal procedures should play out; however, actual practices can diverge from idealized theories (i.e., “law in books” vs. “law in action”).
Example: The Supreme Court’s need for warrants may not align with law enforcement practices (e.g., concept of reasonable suspicion).

Supreme Court decisions may not always be applicable to law enforcement operations.
Law enforcement agents (street-level bureaucrats) often exercise discretion that may not conform to what is dictated by courts.

Due Process Perspective: Focuses on individual rights and liberties; presumes innocence until proven guilty.
Crime Control Perspective: Prioritizes law and order; argues societal benefits of controlling crime may justify some infringements of individual due process rights.

State Supreme Courts: Ultimate appellate court.
Intermediate Appellate Courts: Review trial court decisions.
Trial Courts: Primary courts handling civil and criminal cases.
- Superior Court: General jurisdiction trial court.
- Municipal Court: Handle minor offenses.
- Tax Court: Dedicated to tax-related legal matters.

Role: Court of Last Resort, established by the U.S. Constitution; has judicial review powers concerning constitutional rights.
Authority: Decisions are binding on all federal courts and may set precedent for state and local courts.
Selectivity: Extremely selective regarding the cases it hears each year.

Liberal Wing: Justices Jackson, Sotomayor, Kagan.
Conservative Wing: Chief Justice Roberts, Justices Alito, Thomas, Gorsuch, Kavanaugh, Barrett.

Chief Justice Roberts discusses concerns around the legitimacy of the court in relation to public perception and the importance of judicial independence.

Case Progression Example: John Smith's case illustrates complexities in legal rulings around searches without probable cause, detailing the procedural path through district and appellate courts, leading to a reversal by the U.S. Supreme Court.