Criminal Procedure Outline

CRIMINAL PROCESS

I. FAILURES
A. Powell v. Alabama (1932)
1. Facts: Four (4) black youths charged with raping two white women. At trial, they were denied the right of counsel and were incapable of intelligently making their own case. Qualified members of their own race were also systematically excluded from the jury panel.
2. Holding:
a) The court’s failure to provide counsel is a violation of due process under the 14th amendment.
3. Rule:
a) It is a court’s affirmative duty to assign counsel in a capital case where a defendant is unable to employ counsel, and is incapable of making his own defense. (ignorance, illiteracy)
4. Gideon v. Wainright (1960)
a) The 6th amendment right to counsel is incorporated into Due Process under 14th Amendment.
b) Due Process is applicable to all state courts for all defendants who are indigent.
II. LEGITIMACY IN 14TH AMENDMENT
A. Duncan v. Louisiana (1968).
1. Facts: Mr. Duncan wanted jury trial for simple assault. LA provided jury trials for only capital cases or where a sentence includes hard labor. Because it was a minor offense, the trial judge found Duncan guilty of simple assault. He was sentenced to 60 days incarceration and a $150 fine.
2. Holding:
a) The 14th Amendment guarantees the right to a jury trial in criminal cases where punishment is in excess of six (6) months
3. Dissent:
Argued for federalism theory—while jury trial is legitimate method, it need not be mandatorily imposed
4. Notes:
a) Jury trial need not be identical to that of the federal system
i. Could be unanimous
ii. Could be more/less than 12 jurors
b) Apodaca v. Oregon
i. Though unanimous jury verdicts are required by the 6th amendment (federal), they are not required under the 14th Amendment (states).
ii. Provides greater leeway to the states in interpreting the 14th Amendment than that accorded Congress under the 6th Amendment.

5. Selective Incorporation
a) Defined:
i. Whether a right extended by the 5th or 6th Amendments with respect to federal criminal proceedings is also protected against state action by the 14th amendment
b) Three (3) Criteria:
i. Fundamental principle of liberty and justice at the base of all our civil and political institutions
ii. Basic in our system of jurisprudence, and
iii. Fundamental right essential to a fair trial

FOURTH AMENDMENT: AN OVERVIEW

I. The Fourth Amendment
A. Amendment Text
1. 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.
B. Two (2) Requirements
1. Reasonableness
a) The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures shall NOT be violated,
2. Warrant
a) 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.
II. APPLICABILITY TO THE STATES
1. WOLF V. COLORADO (1949)
a) Facts: Wolf convicted of offense in state court which admitted evidence that would have been inadmissible in a federal prosecution, in violation of Fourth Amendment. Wolf asserted evidence should have been excluded because its seizure violated Due Process of 14th Amendment.
b) Holdings:
i. Fourteenth Amendment prohibits arbitrary searches and seizures by state and local police
ii. Due Process Clause does not require state courts to exclude evidence obtained in violation of the Fourteenth Amendment.
III. STANDING
A. Two (2) Qualifications
1. Legitimate expectation of privacy…
2. …In invaded place
B. Two (2) Interpretive Perspectives
1. Atomistic
a) Whether an individual’s rights have been violated
b) Focus on “personal aggrievement”
2. Regulatory
a) Whether the gover