LAW 456 Lecture Notes - Lecture 1: Fourteenth Amendment To The United States Constitution, Sixth Amendment To The United States Constitution, Fourth Amendment To The United States Constitution
What are the sources of our criminal procedure
U.S. constitution, civil law, administrative law, criminal law
Who is the Supreme Court?
Chief Justice + Associate justices
Who chooses the Supreme Court
POTUS
How many justices are on the Supreme Court?
9
How does a case come before the Supreme Court?
The justices of the Supreme Court choose the cases they will hear, they get there by appeal.
How many votes are needed if a SCOTUS hears a case
4/9
How many cases are submitted VS how many are heard
7,000-8,000 VS 100-150
4th Amendment
Freedom from unreasonable searches and seizures
5th Amendment
The Right to Remain Silent/Double Jeopardy, right to due process, self incrimination
6th Amendment
Right to a speedy trial & public trial
find more resources at oneclass.com
find more resources at oneclass.com
8th Amendment
No cruel or unusual punishment or excessive bail
What effect does the 14th amendment have on States
Grants federal courts power to review state laws
14th Amendment
Incorporates rights, everyone has equal rights & protection
Precedent/Stare Decisis
When 1 Court makes a decision all lower courts in jurisdiction have to follow that decision
To whom are remedies targeted
Remedies enforce constitutional rights
Judicial
Constitutional and unconstitutional, through a court
Non judicial
Constitutional and unconstitutional, not through a court
Which remedies happen in the suspects trial
Exclusionary rule (good faith) fruit of the poisonous tree (purged taint)
Which remedies happen outside of courts
Fired from job
probable cause
Makes a search & seizure reasonable
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
What are the sources of our criminal procedure. U. s. constitution, civil law, administrative law, criminal law. The justices of the supreme court choose the cases they will hear, they get there by appeal. How many votes are needed if a scotus hears a case. How many cases are submitted vs how many are heard. The right to remain silent/double jeopardy, right to due process, self incrimination. Right to a speedy trial & public trial. No cruel or unusual punishment or excessive bail. What effect does the 14th amendment have on states. Grants federal courts power to review state laws. Incorporates rights, everyone has equal rights & protection. When 1 court makes a decision all lower courts in jurisdiction have to follow that decision. Exclusionary rule (good faith) fruit of the poisonous tree (purged taint) The british, from unreasonable search and seizure, (writs of assistance), 2 clauses-reasonableness of search and seizure, warrants based on probable cause.
