Transcript Week One Lecture - Bakersfield College

Constitutional
Criminal
Procedure
Substantive vs.
Procedural Law
Constitution
• A written document that embodies the basic
laws of a nation or state.
• The U.S. Constitution as well as the
California Constitution identifies the
powers and duties of the government and
the rights that are afforded to all individuals
in our country / state.
Substantive Law
Defines criminal
offenses and
their penalties
Substantive Law
Defines criminal
offenses and
their penalties
Substantive Law
Examples:
Penal Code
Vehicle Code
Health & Safety Code
Welfare & Institutions
Procedural Law
Explains how substantive
laws are to be
administered
(due
process)
Bill of Rights
th
14 Amendment
“Fundamental
Rights”
 Total Incorporation
 No Incorporation
 Selective Incorporation
Judicial
System of
the United
States
 United States
Supreme Court
 Circuit Courts
of Appeals
 District Courts
7-2:The Federal Court Structure
7-3:The Thirteen United States Circuits
State Court System
State Court System
California Supreme Court
 District Courts of
Appeal
 County Superior
Courts
United States Supreme
Court
The Court
of Last
Resort
United States Supreme
Court
 Rule of Four
 Writ of
Certiorari
 Writ of
Habeas Corpus
7-4: Funneling Effect
Dual Court System of the United States
Federal Court System
U.S Supreme
Court
U.S. Courts of
Appeal
State Court System
State Supreme Court
District Courts of
Appeal
Superior Courts
U.S. District
Courts
Jurisdiction vs. Venue
• Jurisdiction
• The legal right
“authority” to hear a
case.
• Venue
• The geographical
location of the court.
• To hold trial in the
court of the place
where the crime
occurred.
Double Jeopardy
• To be tried twice for one criminal violation.
• Does not apply between federal court and
state court.
• Can be tried in both – “Dual Sovereignty.”
Amendments that
apply to Criminal
Justice
System
th Amendment
no
unreasonable
searches or
seizures
Exclusionary Rule
To deter the
police...
Exclusionary Rule
from violating
people’s
fourth
amendment
rights
th Amendment
No double jeopardy
No self-incrimination
th Amendment
Grand jury
indictment in felony
case (Federal Law)
th Amendment
Speedy and
public trial
Right to counsel
th Amendment
Impartial jury
of state and district
where crime
occurred
th Amendment
Notice of
nature and cause of
accusation
th Amendment
Right to
confront witnesses
th Amendment
Compulsory process
for obtaining
favorable witnesses
th Amendment
Subpoena
th Amendment
No excessive
bail and fines
No cruel and unusual
punishment
inter
Next Week:
Criminal Justice
Process –
Arrest thru Trial,
Sentence &
Punishment