Exam 2: Overview of the Criminal Justice Process

In Powell v. Alabama, the 1932 Supreme Court decision involving several black youths accused of raping two white girls on a train, the court ruled that the due process clause of the Fourteenth Amendment requires states to provide the rudiments of a fair trial-fundamental fairness.

In Palko v. Connecticut (1937), the Supreme Court ruled that:

List six characteristics of constitutionalism.

The total incorporation doctrine:

The ultimate source of the law of criminal procedure is the ______________.

Justice Hugo Black:

The United States Constitution:

Although he concurred with the result in Rochin v. California, Justice Black disagreed with the majority's approach to deciding what constitutes due process because:

A motion for discovery:

Only the direct action of the whole _______ can change the U.S. Constitution.

Selective incorporation means:

The Constitution is a different type of document than a statute, because it expresses the will of the people as a whole.

Criminal procedure refers to the: I. methods the government can use to investigate criminals. II. methods the government can use to prosecute criminals. III. methods the government can use to convict criminals. IV. methods the government can use to punish criminals.

Justice Felix Frankfurter:

The fundamental fairness doctrine of due process requires states to provide: I. notice to defendants of the charges against them. II. an attorney at state expense if they cannot afford one. III. a grand jury proceeding. IV. a hearing on the facts before conviction and punishment.

In Palko v. Connecticut, the US Supreme Court found that freedom from double jeopardy was a fundamental right and thus part of due process.

The First World War and the rise of fascism:

Most of the Bill of Rights' guarantees have now been made applicable to and binding on the states through the due process clause of the 14th Amendment.

According to the Fundamental Fairness Doctrine, due process is a general command, requiring states to provide the rudiments of a fair trial.

Criticism of the incorporation doctrine is particularly harsh when the national standards established in the incorporation doctrine are applied to: