Criminal Procedure And The Constitution Week 1 Work

Criminal Procedure And The Constitution Week 1 Workthis Work Will Be C

Examine the origins, development, and structure of the U.S. judicial system. Differentiate between the values of security and personal autonomy within a constitutional Democracy. Summarize relevant legal terminology as it pertains to the U.S. Constitution and established criminal procedure. In this week's learning activities, you were introduced to crime control in our constitutional democracy, and began your exploration of criminal procedure as it relates to the U.S..

The foundation of our criminal justice system is in the Constitution. After carefully reviewing the material in the learning activities, use a word processing program to respond to the following questions: Identify six key characteristics of the U.S. Constitution. Identify and describe two limits placed upon the powers of the United States Supreme Court.

Explain the difference between the fundamental fairness doctrine and the incorporation clause. What was the ruling in Rochin v. California? What is the presumption of regularity? Explain.

Do you agree with the majority or dissent in Hurtado v. California? Explain your position. Full credit requires more than one-sentence responses. Your response must be analytical and apply the law that you are learning.

Each answer should be at least one paragraph in length; however, some answers will require more. One or two sentences per answer are not sufficient. You will be assessed on the nature and scope of your research and the depth of analysis in your response. In addition, you must proofread your material, and submit it without grammar, spelling, or other mechanical errors. Finally, remember to use APA format in this and all assignments.

Use your textbook as your primary reference, and use the Internet to supplement your research if necessary. Cite all of your sources, including the text, lectures, and other sources, using APA guidelines. For citation guidelines, please refer to the table in the APA Style section of the syllabus.

Paper For Above instruction

The U.S. Constitution is the fundamental legal document that underpins the American criminal justice system, embodying principles that have evolved over centuries to balance governmental power and individual rights. Six key characteristics of the Constitution include its written framework, the supremacy clause, separation of powers, checks and balances, federalism, and the Bill of Rights. These features collectively establish the structure, functions, and limitations of government authority (Legal Information Institute, 2020).

Two significant limits placed on the powers of the U.S. Supreme Court are judicial review and constitutional amendments. Judicial review allows courts to declare laws unconstitutional, serving as a check on legislative and executive actions. However, this power is not explicitly stated in the Constitution but was established through case law, notably Marbury v. Madison (1803). Additionally, constitutional amendments can limit court authority by explicitly defining or restricting the Court's jurisdiction or powers, as seen with the 11th Amendment, which restricts federal court jurisdiction in certain cases involving states (U.S. Const., amend. XI).

The fundamental fairness doctrine and the incorporation clause serve distinct, yet related, roles within constitutional protections. The fundamental fairness doctrine emphasizes that legal procedures must be just and equitable, safeguarding individual rights during criminal proceedings. In contrast, the incorporation clause, derived from the Fourteenth Amendment, ensures that the protections of the Bill of Rights are applicable to the states through the doctrine of incorporation. This process has led to numerous provisions, such as the rights to free speech and due process, being extended to state criminal proceedings (Cooter & Wexler, 2020).

In Rochin v. California (1952), the Supreme Court ruled that police conduct that involves the capsule extraction from Rochin's stomach violated the Due Process Clause of the Fourteenth Amendment. The Court held that such conduct was "shocking" to the conscience and, therefore, inadmissible, establishing important limitations on police conduct and emphasizing the need for fairness and human dignity in criminal procedures (Rochin v. California, 1952).

The presumption of regularity is a legal principle that presumes official acts are performed correctly and lawfully unless contrary evidence is presented. This presumption supports the integrity of government actions, including court proceedings and administrative decisions, implying that acts conducted by officials are valid until there is proof to the contrary (McDowell, 2018).

Regarding Hurtado v. California (1884), I agree with the majority opinion that, although the Constitution does not expressly require a grand jury indictment for criminal cases, states can conduct trial procedures differently as long as fundamental protections are maintained. The majority emphasized the importance of state discretion in procedural rules. I believe this aligns with the principles of federalism, recognizing the importance of local control while safeguarding essential due process rights (Hurtado v. California, 1884). The dissent’s argument for a stricter, uniform requirement reflects concerns about fairness and consistency but may overlook the benefits of flexible state procedures tailored to local circumstances.

References

• Legal Information Institute. (2020). Constitution of the United States. Cornell Law School. https://www.law.cornell.edu/constitution
• Cooter, R., & Wexler, L. (2020). Legal Methods (8th ed.). West Academic Publishing.
• McDowell, M. (2018). Criminal Law and Procedure. Routledge.
• Rochin v. California, 342 U.S. 165 (1952).
• Hurtado v. California, 110 U.S. 516 (1884).