2. Constitutional Criminal Procedure

3. Substantive vs. Procedural Law

4. 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.

5. Substantive Law Defines criminal offenses and their penalties JAIL

6. Substantive Law Defines criminal offenses and their penalties JAIL Burglary

7. JAIL Substantive Law Examples: Penal Code Vehicle Code Health & Safety Code Welfare & Institutions

8. Procedural Law Explains how substantive laws are to be administered (due process)

9. Bill of Rights 14 th Amendment “Fundamental Rights”

10. Total Incorporation No Incorporation Selective Incorporation

13. Judicial System of the United States

14. United States Supreme Court Circuit Courts of Appeals District Courts

15. 7-2:The Federal Court Structure

16. 7-3:The Thirteen United States Circuits

17. State Court System

18. California Supreme Court District Courts of Appeal County Superior Courts

19. United States Supreme Court The Court of Last Resort

20. United States Supreme Court Rule of Four Writ of Certiorari Writ of Habeas Corpus

21. Funneling Effect7-4:

22. Dual Court System of the United States State Court SystemFederal Court System U.S. District Courts U.S Supreme Court State Supreme CourtDistrict Courts of Appeal Superior CourtsU.S. Courts of Appeal

23. 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.

24. 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.”

25. Amendments that apply to Criminal Justice System

26. no unreasonable searches or seizures th Amendment

27. To deter the police... Exclusionary Rule

28. from violating people’s fourth amendment rights Exclusionary Rule

29. No double jeopardy No self-incrimination th Amendment

30. Grand jury indictment in felony case (Federal Law) th Amendment

31. Speedy and public trial Right to counsel th Amendment

32. Impartial jury of state and district where crime occurred th Amendment

33. Notice of nature and cause of accusation th Amendment

34. Right to confront witnesses th Amendment

35. Compulsory process for obtaining favorable witnesses th Amendment

36. Subpoena th Amendment

37. No excessive bail and fines No cruel and unusual punishment Amendment th inter

38. Next Week: Criminal Justice Process – Arrest thru Trial, Sentence & Punishment