Ch. 3-1 Criminal Procedure and the Constitution

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Presentation transcript:

Ch. 3-1 Criminal Procedure and the Constitution CHAPTER 1 6/5/2019 BHS Law Related Education Program Criminal Justice Lesson 3: Criminal Procedure and the Constitution Ch. 3-1 Criminal Procedure and the Constitution Lesson Objectives Analyze and Define Criminal Procedure Determine how the provisions of the 4th and 5th Amendments balance police powers and citizens' rights. Interpretation of the Constitution and the Influence of the Supreme Court.

Ch. 3-1 Criminal Procedure and the Constitution CHAPTER 1 6/5/2019 BHS Law Related Education Program Criminal Justice Lesson 3: Criminal Procedure and the Constitution Ch. 3-1 Criminal Procedure and the Constitution Criminal Procedure Criminal procedure is a branch of constitutional law concerned with the rules of law governing the how the government (the police) investigate, prosecute, and adjudicate crimes. Specific provisions of the U.S. Constitution restrict how the police gather information and deal with criminal suspects.

Ch. 3-1 Criminal Procedure and the Constitution CHAPTER 1 6/5/2019 Slide 3 BHS Law Related Education Program Criminal Justice Lesson 3: Criminal Procedure and the Constitution Ch. 3-1 Criminal Procedure and the Constitution Criminal Procedure The framers of the U.S. Constitution sought to balance the government's interest in crime control with the privacy and liberty rights of citizens. Two provisions of the Constitution apply specifically to balancing police powers and citizens' rights—the Fourth and Fifth Amendments. 3

Ch. 3-1 Criminal Procedure and the Constitution CHAPTER 1 6/5/2019 Slide 4 BHS Law Related Education Program Criminal Justice Lesson 3: Criminal Procedure and the Constitution Ch. 3-1 Criminal Procedure and the Constitution 4th & 5th Amendments 4th Amendment-”The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” Probable cause-a reasonable suspicion that a person has committed or is involved in criminal activity. 4

Ch. 3-1 Criminal Procedure and the Constitution CHAPTER 1 6/5/2019 Slide 5 BHS Law Related Education Program Criminal Justice Lesson 3: Criminal Procedure and the Constitution Ch. 3-1 Criminal Procedure and the Constitution 4th & 5th Amendments 5th Amendment-” No person … shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law.” Due Process of Law-The right to defend yourself. The government cannot take your life, liberty, (freedom) or property, without giving you a chance to defend yourself in a court of law. 5

Ch. 3-1 Criminal Procedure and the Constitution CHAPTER 1 6/5/2019 Slide 6 BHS Law Related Education Program Criminal Justice Lesson 3: Criminal Procedure and the Constitution Ch. 3-1 Criminal Procedure and the Constitution Interpretation of the Constitution and the Influence of the Supreme Court Key words and phrases, such as “probable cause,” “unreasonable”, and “compelled,” need to be interpreted. The U.S. Supreme Court provides interpretation when a question arises. As the composition of the Supreme Court changes the interpretation of the constitution alternates between liberal and conservative. 6

Ch. 3-1 Criminal Procedure and the Constitution CHAPTER 1 6/5/2019 Slide 7 BHS Law Related Education Program Criminal Justice Lesson 3: Criminal Procedure and the Constitution Ch. 3-1 Criminal Procedure and the Constitution Interpretation of the Constitution and the Influence of the Supreme Court During the 1960s, the Supreme Court, led by Chief Justice Earl Warren, interpreted the 4th and 5th Amendments in ways that limited police powers and extended citizens' rights. This liberal interpretation became known as due process revolution (1961–1969). In the 1970s, 1980s, and 1990s, the composition of the Supreme Court changed. Liberal justices retired and Republican presidents Nixon, Reagan, and Bush named conservative replacements. During this time the Supreme Court gave increasingly broad latitude for law enforcement and limited citizens rights. 7