CRJU 3300 Lecture Notes - Lecture 3: Due Process
Document Summary
Appellate a(cid:374)d supre(cid:373)e courts do(cid:374)"t hear e(cid:448)ide(cid:374)ce, they are review courts that review procedures and determine if rights or due process were violated (super important. Amendments: 4th- due process, unlawful search and seizure, 5th self-incrimination, 6th- right to an attorney, 8th- cruel and unusual punishment/ the punishment needs to fit the crime, and 14th- in cooperation to the states. ) Note that the amendments purpose is to protect the citizens form the government. The 5th amendment is the main thing that separates the adversarial and inquisitional/ accusatorial courts. In the inquisitional courts, the defendant must cooperate. The inquisitional system involved the judge and defendant in investigations whereas adversarial does not. The inquisitional system violates rights and threatens the citizens by giving the government overreaching. Courts of equity vs court of law: equity- used when no remedy available through the law; steps in for fairness.
