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Constitutional CriminalProcedure
Substantive vs. Procedural Law
Constitution
• A written document that embodies the basic laws of a nation or state.
• The U.S. Constitution as well as the California Constitution identifies the powers and duties of the government and the rights that are afforded to all individuals in our country / state.
Substantive Law
Defines criminal offenses and their penalties JAIL
Substantive Law
Defines criminal offenses and their penalties JAIL
Burglary
JAIL
Substantive LawExamples:
Penal Code
Vehicle Code
Health & Safety Code
Welfare & Institutions
Procedural LawExplains how substantive laws are to be administered
(due process)
Bill of Rights
14th Amendment
“Fundamental Rights”
Total Incorporation
No Incorporation
Selective Incorporation
Judicial
System of the United States
United States Supreme Court
Circuit Courts of Appeals
District Courts
7-2:The Federal Court Structure
7-3:The Thirteen United States Circuits
State Court System
State Court SystemCalifornia Supreme Court
District Courts of Appeal
County Superior Courts
United States Supreme Court
The Court of Last Resort
United States Supreme Court
Rule of Four
Writ of Certiorari
Writ of Habeas Corpus
Funneling Effect7-4:
Dual Court System of the United States
State Court SystemFederal Court System
U.S. District Courts
U.S Supreme Court
State Supreme Court
District Courts of Appeal
Superior Courts
U.S. Courts of Appeal
Jurisdiction vs. Venue
• Jurisdiction• The legal right
“authority” to hear a case.
• Venue• The geographical
location of the court.• To hold trial in the
court of the place where the crime occurred.
Double Jeopardy
• To be tried twice for one criminal violation.
• Does not apply between federal court and state court.
• Can be tried in both – “Dual Sovereignty.”
Amendments that apply to Criminal Justice System
no unreasonable searches or seizures
th Amendment
To deter the police...
Exclusionary Rule
from violating people’s fourth amendment rights
Exclusionary Rule
No double jeopardy
No self-incrimination
th Amendment
Grand jury indictment in felony case (Federal Law)
th Amendment
Speedy and public trial
Right to counsel
th Amendment
Impartial jury of state and district where crime occurred
th Amendment
Notice of nature and cause of accusation
th Amendment
Right to confront witnesses
th Amendment
Compulsory process for obtaining favorable witnesses
th Amendment
Subpoena
th Amendment
No excessive bail and fines
No cruel and unusual punishment
Amendmentth
inter
Next Week:Criminal Justice Process – Arrest thru Trial, Sentence & Punishment
