Due Process Flashcards

Front 1

steps of criminal justice process

Back 1

-report of a crime
-pre-arrest investigation
-the arrest
-booking
-post-arrest investigation
-decision to charge
-filing the complaint
-first appearance
-prelimhearing
-grad jury review
-arraingment
-pretrial motion
-trial

Front 2

barron v. mayor of baltimore

Back 2

Bill of Rights only applies to the Federal Government

Front 3

theories of due process clause

Back 3

1.content is to be determined by other relevant amendments which originally were only for the federal government, but the 14th gave them to states

2.independent content apart from and in addition to the other amendments

Front 4

brown v. mississippi

Back 4

confessions now covered for the states

Front 5

malloy v. hogan

Back 5

self incrimination covered for the states

Front 6

Schools of thought

Back 6

1. ordered liberty
2. total incorporationists
3.ultraincorporationists

Front 7

ordered liberty theory

Back 7

cardozo-palko v.connecticut
-court must enforce fundamental rights on states whether they are in the bill of rights or not
-open-ended concept
-case by case basis

Front 8

total incorporationists

Back 8

-justic black
-only the first 8 amendments are covered
-close ended concept

Front 9

ultraincorporationists

Back 9

Griswald v. Connecticut
-first 8 amendments are automatically included, but it doesnt stop there
-minimum standard is the first 8

Front 10

Palko v. Connecticut

Back 10

-Double jeopardy
-originally sentanced to Murder 2, life in prison
-appeals, they overturn the conviction and order he be re-tried
-the supreme court argued that it was not double jeopardy and that the case against a defendant will be argued until it is error free
-32 years later overturned by benton v. maryland

Front 11

Adamson v. California

Back 11

-comment on failure to testify is permitted
-he didnt testify to avoid bringing up past convictions
-presumption of innocene he argued is shifted by the comments
-due process clause only forbids compulsion to testify by fear of hurt, torture or exhaustion
-purposew of due process is to prevent unfair conviction not help convicts be acquitted
-Affirmed
-Black argues..if you dont allow it in the federal courts, why now??
-later overturned by griffin v california

Front 12

Duncan v. Lousiana

Back 12

-denied trial by jury
-English law established jury precedent
-Justice Black--all rights should be given to states
-Decision reversed

Front 13

Williams v. Florida

Back 13

-he claimed his rights were violated by the alibi rule
-then claimed his 6th amendment right was violated because they would not grant him a 12 man jury
-they said that neither aspect affected his trial