Criminal Procedure and the Constitution

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Identify six key characteristics of the U.S. Constitution. The six key characteristics of the U.S. Constitution according to Samaha are; “the Constitution is a higher form of law, it embodies the fundamental values for the people, it expresses the will of the whole people, direct action of the whole people can change constitutions, it always binds the government, and it can’t be changed by the government” (Samaha, 2013). Identify and describe two limits placed upon the powers of the United States Supreme Court. The two limits placed upon the powers of the United States Supreme Court are; first, the U.S. Constitution and Supreme Court are ultimately at the top of the obelisk with a wide variety of state a local criminal justice agency. The Supreme Court has to rely on the local police officers, courts, and prosecutors to make sure the decisions being made on a daily basis. Second, the U.S. District Courts, U.S. Courts of Appeals, and the state courts acknowledge innate inquisition that the Supreme Court wasn’t able to answer right away, and often never will (Samaha, 2013). Explain the difference between the fundamental fairness doctrine and the incorporation clause. There were two cases that established what came to be called the fundamental fairness doctrine; Powell v. Alabama and Brown v. Mississippi. The doctrine states that the due process is a dictation to the states to establish two essential fair preliminary hearings; notice to the offender of the allegation brought before them, and an investigation on the actuality even before declaring guilty and disciplining the offender. It leaves it up to the states to regulate the definite of notices and hearings, and to encompass elevate principles that is a basis for all human... ... middle of paper ... ... cases. The State cannot deprive any person of life, liberty, or property without due process of law (Legal Information Institute, 2014). In conclusion; the Due Process of Law and the Fourteenth Amendment of the Constitution states that one doesn’t necessarily need an indictment by a grand jury in a prosecution by a State for murder. So, in essence I would also agree with the majority, in that why take a case to a grand jury when you have all the facts and proof in front of you, just convict him without wasting valuable time (Legal Information Institute, 2014). Works Cited Legal Information Institute (2014). Cornell University Law School. Hurtado v. California. Retrieved from http://www.law.cornell.edu/supremecourt/text/110/516. Samaha, J. (2013). Criminal Procedure and the Constitution. Criminal Procedure (8th ed). Mason, Ohio: Cengage Learning, 25 - 47

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