The Sources of Criminal Procedure

D​‌‍‍‍‌‍‍‌‍‌‌‍‍‍‌‍‌‌‌‍​efine Key Terms: 1.Bill of Rights 2.constitutional political system 3.constitutionalization 4.Due Process Clause 5.Fourteenth Amendment 6.judicial review judicial federalism 8.presumption of regularity 9.retroactivity of judicial decisions 10.selective incorporation 11.selective incorporation plus 12.selective prosecution 13. supervisory authority 14.Supremacy Clause incorporation 16. total incorporation plus Answer question in complete sentences: 1.Describe the reasons for creating a constitutional political system in the United States. What provisions regarding criminal procedure are included in the body of the Constitution? Give some examples of the rights contained in the Bill of Rights. 2.Discuss the importance of the U.S. Constitution and the Supreme Court as sources of criminal procedure. Describe the role of state courts and state co​‌‍‍‍‌‍‍‌‍‌‌‍‍‍‌‍‌‌‌‍​nstitutions as a source of criminal procedure. 3.What is meant by nationalization or “constitutionalization” of criminal procedure? 4. Explain the difference between various approaches to determining the “fundamental rights” that the Fourteenth Amendment extends to the states: fundamental fairness, total incorporation, and selective incorporation. 5. What provisions of the Bill of Rights are incorporated into the Fourteenth Amendment? What provisions of the Bill of Rights are not incorporated into the Fourteenth Amendment? 6. Discuss equal protection, the presumption of regularity, and prosecutorial discretion in charging criminal defendants with a criminal offense. 7. What is the rule regarding the retroactivity of Supreme Court judgments? 8. Distinguish between the Crime Control Model and the Due Process Model of criminal procedure. Why is “procedural justice�​‌‍‍‍‌‍‍‌‍‌‌‍‍‍‌‍‌‌‌‍​�� important?

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