CRJU 350

4th Amendment:

• 1. Warrant Clause: No warrant shall issue but upon probable cause by oath or affirmation (paraphrased).

  2. Reasonableness Clause: Prohibits unreasonable search and seizure.

     1. This clause is now construed not only to searches conducted under probable cause, but also that which is conducted under reasonable suspicion (which stops short of p.c.)

• 1. Right to be indicted by a grand jury.

  2. Prohibits self incrimination. 

• 1. Right to fair and speedy trial.

  2. Confrontation Clause: right to confront witnesses against you.

  3. Right to an attorney for your defense (if you’re indigent).

• 1. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

5th Amendment:

• 1. Warrant Clause: No warrant shall issue but upon probable cause by oath or affirmation (paraphrased).

  2. Reasonableness Clause: Prohibits unreasonable search and seizure.

     1. This clause is now construed not only to searches conducted under probable cause, but also that which is conducted under reasonable suspicion (which stops short of p.c.)

• 1. Right to be indicted by a grand jury.

  2. Prohibits self incrimination. 

• 1. Right to fair and speedy trial.

  2. Confrontation Clause: right to confront witnesses against you.

  3. Right to an attorney for your defense (if you’re indigent).

• 1. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

6th Amendment:

• 1. Warrant Clause: No warrant shall issue but upon probable cause by oath or affirmation (paraphrased).

  2. Reasonableness Clause: Prohibits unreasonable search and seizure.

     1. This clause is now construed not only to searches conducted under probable cause, but also that which is conducted under reasonable suspicion (which stops short of p.c.)

• 1. Right to be indicted by a grand jury.

  2. Prohibits self incrimination. 

• 1. Right to fair and speedy trial.

  2. Confrontation Clause: right to confront witnesses against you.

  3. Right to an attorney for your defense (if you’re indigent).

• 1. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

8th Amendment:

• 1. Warrant Clause: No warrant shall issue but upon probable cause by oath or affirmation (paraphrased).

  2. Reasonableness Clause: Prohibits unreasonable search and seizure.

     1. This clause is now construed not only to searches conducted under probable cause, but also that which is conducted under reasonable suspicion (which stops short of p.c.)

• 1. Right to be indicted by a grand jury.

  2. Prohibits self incrimination. 

• 1. Right to fair and speedy trial.

  2. Confrontation Clause: right to confront witnesses against you.

  3. Right to an attorney for your defense (if you’re indigent).

• 1. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Have all provisions of the Bill of Rights been incorporated and made applicable to the states via the 14th Amendment? Selective incorporation. U.S. has not resorted to total incorporation. The 5th Amendment to be indicted by a grand jury, the 7th Amendment right to a jury trial in federal civil proceedings where the value of controversy exceeds $20, and the 8th Amendment protection against excessive bail do not apply to the states.

• True

• False

Focuses on repression of criminal conduct. Stresses the necessity of speed and finality in the courts to achieve the goal of crime suppression.

• Crime Control

• Goal Process

• Trial control

• Plea process

Focuses on protecting the rights of the individual. Emphasis is not on speed and finality of court results but on careful consideration of each case and the need to reform people through rehabilitation.

• Rights Control

• Due Process

• Trial control

• Plea process

California’s Racial Justice Act prohibits the state from seeking a conviction based on race, ethnicity, or national origin. It also allows people charged with or convicted of a crime to challenge a criminal conviction if a judge, attorney, law enforcement officer, expert witness, or juror exhibited bias or animus towards the defendant because of their race, ethnicity, or national origin.

• True

• False

Once a defendant has been formally charged with a crime and has obtained legal representation, the Sixth Amendment right to counsel prohibits law enforcement from deliberately eliciting incriminating statements from the defendant in the absence of their attorney.

• Marbury v. Madison

• Massiah v. US

• California v Greenwood

• Brown v. Mississippi

• Brady v. Maryland

The US Supreme Court is the final interpreter of the Constitution and possesses the power of judicial review to determine whether the acts of Congress and the lower courts comply with the Constitution.

• Marbury v. Madison

• Massiah v. US

• California v Greenwood

• Brown v. Mississippi

• Brady v. Maryland