Inquisitional (inquiry) system versus adversarial justice; due process
of law
The law of the land
The law of the land; torture and trial by battle as due process
The Bill of Rights
specific provisions of the Bill of Rights
early U.S. Supreme Court views
The nationalization of the Bill of Rights
Baron v. Baltimore emphasized that the Bill of Rights
was intended to protect citizens against federal, not state or local,
government
Fourteenth Amendment and incorporation; do all of the provisions
of the Bill of Rights now apply to state and local governments?
Hurtado v. California (1884), "Incorporation" debate
Gitlow v. New York (1925); U.S. Supreme Court rules
that First Amendment protection of freedom of speech applies to state
and local governments as well as to the federal government
Powell v. Alabama (1932), the "Scottsboro Boys" case
Palko v. Connecticut (1937); U.S. Supreme Court rejects
the idea of total incorporation; the idea of "fundamental" rights
necessary to insure justice as opposed to "formal" rights; the "Honor
Roll of Superior Rights"
the criminal law revolution; the 1960s as an era of major changes;
the "Warren Court" incorporated almost all of the provisions of the
Bill of Rights
Griswold v. Connecticut (1965); the U.S. Supreme Court
recognizes a constitutionally protected right of personal privacy
Due process of law in the early 2000s
current status of incorporation
selective incorporation
due process must be understood as asserting a fundamental principle
of justice rather than a specific rule of law
Substantive due process
concerns the content of the law; what the law says; is the law unreasonable
or arbitrary in its subject matter?
Void-for-Vagueness doctrine; laws found to be in violation of substantive
due process because they were not clear about what behavior was prohibited
Buck v. Bell (1927); the U.S. Supreme Court rules
that a Virginia law allowing the sterilization of a mentally defective
woman was not in violation of Fourteenth amendment due process
Skinner v. Oklahoma (1942), U.S. Supreme Court rules
sterilization unconstitutional
U.S.A. Patriot Act
Procedural due process
concerning the processes of procedures used by the government to
carry out an action
includes advance notice of proceedings, a hearing, opportunity to
present a defense, impartial tribunal (fact finder), atmosphere of
fairness
Criminal Justice Process
Prearrest investigation; examination of the scene of a crime, searching
for evidence, interviewing witnesses, searching for the perpetrator; also,
long-term investigations
Arrest; taking a person into custody for the purpose of charging him/her
with a crime
Booking; police administrative procedures for recording an arrest
Initial appearance; an arrestee's first appearance before a judge; formal
notice of the charge
Preliminary hearing; to protect defendants against unwarranted (unjustified)
prosecutions
Determination of formal charges
indictment
time bill
no bill
information
Arraignment
reading of formal charges
defendant enters a plea, not guilty, guilty, nolo contendere, standing
mute
The trial process
pretrial motions
jury selection
the trial procedure
posttrial motions
Sentencing (if found guilty); the imposition of punishment
Appeals and release
parole
pardon
reprieve
commutation
Criminal Justice as a "System"
"System" indicates an orderly flow of managerial decision-making running
from investigation to punishment
The criminal justice "nonsystem"; a lack of unity of purpose among the
police, courts, and corrections
