Overview of Const'al Amend's

1. 4th, 5th, 6th, & 14th
   1. 4th: Search (Srch) & Seizure
   2. 5th: Privilege (Priv.) Against Self Incrim. (Incrimination)
   3. 6th: Rt 2 Atty
   4. 14th: D/P (Due Process)
      1. No state...shall...deprive any person of life, lib., / prop. w/o D/P of law
2. Two Subsidiary Issues
   1. Entrapment
   2. Lineups
3. Justice Sys. After Crime Occurred
   1. Police Called
      1. V / Accused's 1st Encounter
      2. Arrest
         1. After suff. evid. 4 p/c (probable cause) 2 arrest
         2. Broad daylight / get warr. (warrant)
      3. Warr. & Complaint
         1. Complaint sworn under oath & signed by cop that believes suspect committed crime
         2. Complaint & arrest warr. 2 mag. (magistrate) who signs if there's p/c
         3. Bail set by mag. then
      4. Booking
      5. Custody / Release
         1. Complaint can only hold D 4 14 days in fed. sys.
      6. Police in Btwn Events
         1. Line ups 2 get more p/c while W (witness) still remembers
         2. Interrog. of suspect 2 get stmts (statements) might work 4 conviction
      7. Initial Appearance
         1. D sees judge 4 1st X & asked about atty
         2. Enter plea, arraignment, & petition 4 bail
         3. Release / back 2 custody
      8. Formal Charge
         1. GJ (grand jury) indictment if felony
            1. Ex parte so 1 side w/o D
            2. Prosec. may call W's 4 p/c like actual V, W's, & cops
         2. Information only if msdr (misdemeanor)
            1. Actual prosec. signs it
            2. Not same protection as indictment
      9. Guilty / Not Guilty Plea
      10. Trial
      11. Conviction & Sentence
4. Perspectives in Crim. Justice
   1. Punish Not Rehab
   2. Police Egos Prevail
      1. Check on Police
         1. Jud. discretion
         2. Whole trial sys. b/c prosec. b/p (burden of proof) is beyond rsbl doubt
         3. Prosec'ors doing justice b/c stand. 'er by impartially guard 4 justice, not win
   3. Police Makes the Law
      1. Two Views
         1. Set guidelines 4 police discretion
         2. Get rid of law so won't B using discretion
      2. Makes Law by Discretionary Enforcement
   4. Conflict Btwn Prosec'or v. Police
      1. Myth of Full Enforcement B/C Police Uses Discretion in Enforcing
   5. Ct Backlog
      1. Chow Line Metaphor Where Only Spend X on Most Serious Cases
   6. Cross the Line v. Letting Guilty Go Free
5. Process of Const'al Dec. Making
   1. Crime Control v. D/P
      1. Crime Control Model
         1. Promote law & order w/safety as main value
         2. State int. more valued
      2. Due Process
         1. Rts of indiv's like pvcy & dignity main value except when abs. nec.
   2. 14th Amend. D/P Analysis: Medina's Rule
      1. State violates 14th D/P if it offends some princ. of justice so rooted in trad. & conscience of our people as 2 B fund'al?
         1. Must mention both 14th D/P & another specif. princ.
      2. Princ. Rooted: D's Assertion(Only Factors Not Nec.)
         1. Consistent Rule
            1. At framing
            2. Old Eng.
            3. Contemp. US Pract.
               1. State & fed.
               2. Const's of State & fed.
               3. Opinions
               4. Statistics
         2. Historical Purpose
      3. Fund'al Fairness Analysis: If State Axn Viol's Fairness
         1. Closeness of Princ. 2
            1. Enumerated rt in B/R
            2. Not in B/R but fund'al
               1. Notice
               2. Opp. 2 B heard
               3. Presumed innocent
               4. Incompetency
         2. Other Factors
            1. Risk of error
            2. Access 2 evid.
            3. Pub. perception
   3. Duncan v. LA
      1. 14th Amend. D/P & 6th Amend. Rt 2 Jury Trial 4 State Msdr
         1. Plain meaning, history, purpose of jury trial, policy, selective incorp. 4 D/P by case by case adjudication
      2. Jury Trial Incorp'ed
         1. Not a petty offense b/c 2 yrs. of jail so jury trial applies
   4. Medina v. CA
      1. Frim Rt State Can't Try Crim. D Who's Incompetent 2 Stand Trial
      2. No Firmly Rooted Rt of Who Has 2 Prove Incompetency
         1. State not have 2 prove competence
         2. Both sides have = access so D's burden not bad

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12/2/1996

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