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Sunday, 17 March 2013

Criminal Procedures

Criminal Procedures

U.S. Constitution provides specific safeguards for those accused of crimes at federal and state level.

Criminal procedures are designed to protect against the arbitrary use of power by the government.

Case 8.2:  People v. McFarlan (2002).

Fourth Amendment

The Fourth Amendment protects against unreasonable search and seizures.

No warrant for search or arrest can issue without probable cause.

Exclusionary Rule

Evidence obtained in violation of Constitutional amendments is excluded from trial.

Deter police from warrantless searches, seizures and misconduct.

“Inevitability” and “good faith” are exceptions to the rule.

The “Miranda” Rule

Case 8.3:  Miranda v. Arizona (1966) required police to inform suspects of their constitutional rights.

The Supreme Court upheld Miranda in Dickerson v. U.S. (2000).

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