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Criminal Procedure
University of Wyoming School of Law
Jackson, Darrell D.

Jackson_Criminal Procedure_Fall_2014
University of Wyoming
Received High A in the Class.
Chapter 1:  The Criminal Process: Failures, Choices, and Legitimacy
A.     Failures
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.
NO person … shall be compelled in any criminal case to be a witness against himself
The power not delegated to the US by the Constitution nor prohibited by it to the States, are reserved to the States respectively, or to the people.
Norms: accuracy of verdicts, fairness/equality, honoring the presence of certain limitations on the power of government, efficiency, legitimacy, reliability
Judicial Decision Factors: citizens in a free democracy, federalism, racism
Due process: the legal requirement that the state must respect all the legal rights that are owed to a person.
·         These cases discuss what it means to have due process in regards to the state.
·         Barrington case: Court rejected more broad due process and held if the admission of this testimony did not violate the rights of the P in error under the Constitution and laws of Missouri, the record affords no basis for holding that he was not awarded due process of law. 14th amendment if it provides no protection beyond that of state law than it adds nothing to existing law. 
·         Bram case: any degree of influence on a prisoner made his confession inadmissible as a matter of federal law.
Brown v. Mississippi-   unanimous
o    Issue: whether the convictions, which were coerced from the defendants by the officers with brutality and violence, are consistent with the due process of law required by the 14th Amendment of the Constitution.
·         Arguing 14th amendment because it’s the Federal government, and they have to find a Constitutional issue. But this is a STATE issue.
o    Facts: confessions were coerced out of defendants by brutality and violations. Politics in the South involved judicial lynching's.
o    Underlying Issues: whether the federal government to control the actions of the state.
o    Take away from Brown
·         How Mississippi thought they were making strides
·         Think of deputies and sheriffs as the GOVERNMENT
o    Holding: Reversed; it was a violation of Brown's due process to coerce the statements out of him.
·         State can still compel them to take the stand, the 5th Amendment does not apply to this.
·         Court also said they could suspend jury trial, but have a bench trial.
·         Connects to fairness.
·         State may not deny the accused the aid of counsel.
Scottsboro and Powell v. Alabama  Powell 7-2
o    Relevant Info: Occurred in Alabama. Great Depression during that time, money and jobs are limited. Victoria Price and Ruby Bates alleged rape by 9 young black boys. Dozens of armed white men stop the train. Have their own agenda. Want to get justice their way. Alabama thinks they are making strides by taking the boys to jail instead of just killing them. Victims were female, so they were automatically victimized which created an emotional response. White women were poor; and were prostitutes so they lied and said they were raped. (Only way they could protect themselves). Sexism, racism, and classism in this case
o    Trial: Judge appoints all members of the bar
·         Problem: no knowledge of Alabama law; didn't have time to prepare for the case; conflict of interest (relationship with both the P & D)
·         You want to make sure you have representation by one particular entity, not the entire bar. You need to know specifically who you are working with.
o    Alabama Supreme Court affirms conviction of defendants and denial of motions for new trials.
·         DISSENT: Chief Justice Anderson though the D had not been accorded a fair trial
o    Issues: Due process under the 14th Amendment
·         Denial of counsel
·         SC made a constitutional issue out of the case
·         Federal government cannot review the Alabama Constitution
·         10th Amendment federalism: are they stepping on state constitution or state boundaries?
·         Level of support: Effective & substantial counsel. ZEALOUS & ACTIVE
§  Mr. Roddy did not appear as counsel, but that he would like to appear ALONG with court appointed counsel, and that he had not had an opportunity to prepare for the case, he was not familiar with Alabama's law.
* The defendant were not accorded the right of counsel in any substantial sense!!!!
·         Does the denial of counsel contravene the due process clause of the 14th Amendment to the Federal Constitution?
·         NORMS: Efficiency, fairness, accuracy, limited government provision
§  We think the failure of the trial court failed to give them reasonable time and opportunity to secure counsel was a clear denial of due process.
·         Placing blame on trial court instead of defense counsel.
o Holding: The necessity of counsel was so vial and imperative that the failure of the trial court to make an effective appointment of counsel was likewise a denial of due process within the meaning of the 14th Amendment .
o Justice Butler doesn't like this because there was no lack of opportunity for preparation, trial counsel would have applied to the court for postponement.
There were no objections which would have been good for an appeal.
Need to object to preserve the issue. You want to give the trial court an opportunity to fix the problem. (efficiency)
B.     The Norms of the Criminal Process
C.     The Bill of Rights and the 14th Amendment: Incorporation
·         Newsday Tuesday- Current news articles regarding criminal procedure
1.      Principal form of data in this class is the Constitution
                                      i.            Many of us will be wearing robes or in the legislature and affecting the laws of the state
·         Should the Constitution be Scrapped?  News Article posted by the ABA
·         US Constitution has rarely been used as an example when new countries draft a Constitution since 1946
·         B/c of fundamentally different ideals and values
·         Parliamentary system of England and how it works
·         Senate is an undemocratic relic
·         A single voter in WY has the power of 600 Californians
·         Body Cams on Police Officers-  NY Times
·         May be a good idea in that you can see what the police are doing when they are arresting or interacting with the public.
                        Inmate in Denver choked to death by Police Officer.  Need to have more accountability
      Absence a showing of the history of police abuse, there would not be a need for such cams.
·         May be bad b/c most people are not accountable for every action that they do throughout the day
                        Skepticism- becomes another tool for the defendants to use at their disposal to get them out of the crime
      No preventative measure- is there a real need for this?  Need to get in front of it so that you can prevent future abuses
      Citizens who lie and say they were abused–>  all you need to do is look at the cam to see what really happened.
            Law enforcement controls what is released.  They show you what they want you to see.  DON'T ASSUME THAT YOU SEE THE WHOLE PICTURE.
·         Criminal Process
o    Norms
1.      What norms do we see throughout the cases and the class
·         2 camps on schol

·         B/c of the 10th amendment- protects overreaching by the agents of the state
·         Federalism
·         Addresses the proper role of the judiciary in the enforcement of constitutional rights (Will judges apply their personal views about governmental intrusions?)
o    Test to decide when a state trial or investigation has violated the 14th Amendment due process clause?
·         Duncan v. Louisiana  7-2
·         Facts: Duncan is charged with simple assault and under the Louisiana Constitution grants jury trial only in cases which capital punishment or imprisonment at hard labor
·         QUESTION: Whether a right is among those “fundamental principles of liberty and justice which lie at the base of all our civil and political institutions, whether it is basic in our system of jurisprudence and whether it is a fundamental right, essential to a fair trial.
·         Trial by jury: limit oppression by government. Less likely the monarchy can squash you!
·         Are jury trials and bench trials fundamental?
o   Black: Concurrence- Favors full incorporation; looks at his dissent from a different case; also, his personal experience as a Senator; looks at legislative history.  Thinks the 14A made all provisions of Bill of Rights applicable to the states.
§  “No state shall shall make or enforce any law which shall abridge the privileges or immunities of citizens of the US,” means the Bill of Rights shall apply to the states.  W/out that meaning, the section of the 14A would be meaningless.
o   Fortas: Concurrence- agrees that due process requires states to accord the right to a jury trial in prosecutions for offenses that are not petty, but doesn’t believe the rest of the Bill of Rights should apply to the states.  Partial incorporation.
§  DP clause commands the application of its great standard to the state ct. proceedings to assure FAIRNESS.
§  DP clause does not command us to rigidly and arbitrarily impose the exact pattern of federal proceedings upon the 50 states.
·         Dissent
o   Harlan: (Black believes Harlan view is due process shifts with time in accordance with judges’ predilections and understandings of what is best.)States can choose to do what these please as long as it’s within federal rules. Shouldn't be incorporated because the Due Process Clause of the 14th Amendment requires that those procedures should be fundamentally fair in all respect. It does not impose or encourage nationwide uniformity. 
-Court has never taken the position that the Bill of Rights applies to all States
§  14A was never meant neither incorporate nor to limit the first 8 amendments.
§  Court has always taken the incorporationist position
§  Definition of fundamental is circular
-Court hadn't even answered issues in case.
§  Was the D denied due process, meaning was he denied any element of fundamental fairness?
§  Trial by jury not only means of fairness.
§  There is no reason why the court should have reversed the conviction, unless his particular trial was unfair
Court, by its decision, has imposed upon every state one means of trying criminal cases.