CRIMINAL PROCEDURE Big Five: Mapp, Katz, Miranda, Terry, & Gideon Powell v. Alabama (1932) - is the first modern criminal procedure Takeaway: trial to counsel is absolute; seen as a restraint on federal government. Previously, the S.Ct. had seen that the 14th Amendment limited: can’t do this.” After Powell, Due process “you also has affirmative content, requiring courts to do something to protect defendants. Palko v. Connecticut p. 27 - Plaintiff indicted for murder, found guilty of 2nd degree murder, and sentenced to life. Connecticut appealed, took evidence out, retried him, and he was convicted of 1st degree and sentenced to death. At the federal trial, this would violate Double Jeopardy, but protection from double jeopardy is not a fundamental right, and was not incorporated into the 14th Amendment. Sentence upheld. The central proposition is that “due process of law requires only that criminal trials be fundamentally fair.” Adamson v. California - p. 29 -Defendant did not testify in and the prosecutor used it against him (violation of self-incrimination 5th Amendment). The Court said that the State may choose to control the trial however it thought the most efficient administration of criminal justice. -Blacks Dissent: Argued for complete and absolute application of the Bill of Rights into the 14th Amendment. Duncan v. Louisiana (1968)- p. 37 - Plaintiff was charged with battery and requested a jury trial. State law said jury trials were only available for charges involving capital punishment or imprisonment with hard labor. Louisiana said that holding the fourteenth amendment to assure a right to a jury trial would cast doubt on the integrity of every trial conducted without a jury. In a 7-to-2 decision, the Court held that the Sixth Amendment guarantee of trial by jury in criminal cases was "fundamental to the American scheme of justice," and that the states were obligated under the Fourteenth Amendment to provide such trials. Petty crimes, defined as those punishable by no more than six months in prison and a $500 fine, were not subject to
CRIMINAL PROCEDURE Big Five: Mapp, Katz, Miranda, Terry, & Gideon Powell v. Alabama (1932) - is the first modern criminal procedure Takeaway: to counsel is absolute; seen as a restraint on federal government. Previously, the S.Ct. had seen that the 14th Amendment limited: “you can’t do this.” After Powell, Due process also has affirmative content, requiring courts to do something to protect defendants. Palko v. Connecticut p. 27 - Plaintiff indicted for murder, found guilty of 2nd degree murder, and sentenced to life. Connecticut appealed, took evidence out, retried him, and he was convicted of 1st degree and sentenced to death. At the federal this would violate Double Jeopardy, but protection from double jeopardy is not a fundamental right, and was not incorporated into the 14th Amendment. Sentence upheld. The central proposition is that “due process of law requires only that criminal trials be fundamentally fair.” Adamson v. California - p. 29 -Defendant did not testify in trial and the prosecutor used it against him (violation of self-incrimination 5th Amendment). The Court said that the State may choose to control the trial however it thought the most efficient administration of criminal justice. -Blacks Dissent: Argued for complete and absolute application of the Bill of Rights into the 14th Amendment. Duncan v. Louisiana (1968)- p. 37 - Plaintiff was charged with battery and requested a jury trial. State law said jury trials were only available for charges involving capital punishment or imprisonment with hard labor. Louisiana said that holding the fourteenth amendment to assure a right to a jury trial would cast doubt on the integrity of every trial conducted without a jury. In a 7-to-2 decision, the Court held that the Sixth Amendment guarantee of trial by jury in criminal cases was "fundamental to the American scheme of justice," and that the states were obligated under the Fourteenth Amendment to provide such trials. Petty crimes, defined as those punishable by no more than six months in prison and a $500 fine, were not subject to trial,
Criminal-Procedure-Criminal-Procedure-and-the-Constitution.docx