Criminal Evidence Essay

1514 Words May 19th, 2011 7 Pages
1. Identify several sources of rights.

Rights are legal, social, or ethical principles of freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people. There are many types of rights in our society. In addition to the Constitution, court decisions and statutes are important sources of rights, and so are state constitutions. The Federal Rules of Criminal Procedure sometimes shed light on and clarify important rulings handed down by the U.S. Supreme Court. Additionally, the Federal Rules set forth the criminal procedure guidelines that federal criminal justice practitioners are required to abide by.

2. What is the incorporation controversy?

The Fourteenth Amendment’s
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Also, they are easily understood by criminal justice officials. A decision requiring case-by-case adjudication is quite different. In many cases, the Supreme Court refers to the concept, totality of circumstances. Totality of circumstances refers to all the facts and circumstances surrounding a case. Case-by-case decisions are preferable in some instances because it is rarely possible to know in advance all the possible twists and turns in a criminal case.

9. How are the terms subjective and objective used in criminal procedure?

Police conduct that is considered subjectively reasonable, or characterized by subjective reasonableness, is conduct that would be considered reasonable by the police officer engaged in the conduct. Objective reasonableness, by contrast, refers to what a reasonable person (usually a reasonable police officer) would do or feel under the circumstances. A reasonable person would believe that an arrest without probable cause is unconstitutional.

10. In what ways have recent Supreme Court decisions shown increased faith in the police?

The Warren Court handed down a number of decisions, particularly throughout the 1960s and 1970s, that provided extensive constitutional protections for criminal defendants. When Justice Rehnquist assumed the position of Chief Justice in 1987, the decisions handed down by the Court in the area of criminal procedure began to take on a different

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