CRJU 350 Lecture Notes - Lecture 2: Nolle Prosequi, Supremacy Clause, William Rehnquist
- Role of decision: resolve specific case v. provide board guidelines
- Police power vs. Individual Rights
- Original Framers vs. Contextualism
- Human factor: judge’s personal psychology
Court Reputation:
- Warren: liberal
- Burger: very conservative
- Rehnquist: very liberal
Federal Judge: lifetime/ “good behavior”
State Judge: appointed then re-elected
CA: Supreme & Appellate: 12 years. Superior: 6 years
Nolle Prosequi: Do Not Prosecute
Gerstein Hearing: initial appearance to determine probable cause
Chapter 2
Supremacy Clause (U.S Constitution Article VI)
- Constitution & laws passed by Congress trump any state laws or lower court decisions if
addressing same issue
Judicial Review: Marbury v. Madison
Bill of Rights
- Individual rights and liberties set forth in Amend. I-X, 4th, 5th, 6th, & 8th.
Constitutionalization of Criminal Procedure & Doctrine of Incorporation
- 14th Amend. : due process & equal protection
- Incorporation Test:
- Due process requires incorporation of Bill of Rights in protecting fairness
- Incorporated:
- Right to Jury
- Right from unreasonable search & seizure (4th)
- Exclusionary Rules (4th)
- Ban Self-Incrimination & double jeopardy (5th)
- Rights to counsel, speedy, public trial (6th)
- Ban cruel & unusual punishment (8th)
- Not Incorporated:
- Grand Jury & Excessive Bail
Warren Court:
- Right to counsel
- Broadened concept of fair trial
- Search & seizure law
- Discovery
Equal Protection Clause:
- Murgia motion: dismissal of charges if prosecution was improper, violate equal
protection
