Ch 9

Chapter 9: Criminal Procedure

  1. Models of Criminal Justice
    • Due Process Model: emphasizes the protection of the rights of the accused and the fair treatment of individuals under the law. This model seeks to ensure that all legal procedures are followed carefully to avoid wrongful convictions.
    • Crime Control Model: focuses on the efficient enforcement of the law, swift punishment of offenders, and prevention of crime. It prioritizes public safety and aims for a strong response to crime.

  2. Original Constitutional Protections
    • Habeas Corpus: a legal principle that protects against unlawful detention, allowing individuals to challenge the legality of their imprisonment.
    • Ex Post Facto Laws: laws that make an action illegal retroactively, which are prohibited by the Constitution to ensure fairness in legal proceedings.
    • Trial by Jury: the right to be judged by a group of one's peers, which is essential for a fair trial in criminal cases.

  3. Bill of Rights Procedural Amendments
    • 4th Amendment: protects individuals from unreasonable searches and seizures, requiring law enforcement to obtain warrants based on probable cause.
    • 5th Amendment: includes safeguards against self-incrimination, mandates due process of law, and prohibits double jeopardy, ensuring a fair legal process.
    • 6th Amendment: guarantees the right to counsel, a speedy and public trial, and the right to confront witnesses against the accused, all crucial for a fair trial.
    • 14th Amendment: extends due process and equal protection guarantees under state law, ensuring that states also adhere to these fundamental principles.

  4. Exclusionary Rule
    • Evidence obtained illegally, such as through violations of the 4th Amendment, cannot be used in a court of law to prosecute defendants. This rule helps to deter law enforcement from conducting improper searches.
    • Established in Mapp v. Ohio (1961), the case that incorporated the exclusionary rule at the state level, reinforcing the rights of defendants against wrongful evidence.