Limits on the government in regards to solving a crimeMost of the rules about criminal procedure will make sure that one’s privacy and liberty won’t be violatedThis country is based on the law (a constitution)Government officials are not above the lawAnd the government cannot exceed their authorityThe constitution gives our rightsAnd the state has right but cannot take away federal rightsBalancing Act Between Order and FreedomPoliceThey have the duty to enforce criminal law in a certain mannerProsecutorLegally prosecute violations against national lawCourtsHave the duty to uphold the law and any violationsCorrectionsJails/prisonsTake in/house inmates- ones that have violated the lawCriminal ProcedureIs deeply rooted in the constitutionSpecifically the bill of rights4th amendment- unreasonable searches and seizures5th amendment- self incrimination (do not have to testify against yourself in a criminal case)Due Process (1st theory)Fairness in the systemPeople demand due processThey presume the defendant is innocent until proven guiltyGuilt must be proven beyond a reasonable doubtAssume law enforcement and judiciary make mistakes-prone to errorPeople should have a chance to appeal thingsDemand for finality can be dragged outInsist on legal guilt not moral guiltDue process should be available to everyoneCrime control (2nd theory)Emphasize criminal conductStop people from committing crimesPublic safety is essential to freedomPut a premium on speed and efficiency in the criminal justice systemAssumption is that the defendant actually did itAssume that law enforcement is accurate-trust themStress factual guilty and legal guiltOnce the case is done its done, no need to reopen a case that has been decided onDifference Between Procedural and Substantive LawSubstantive- is the do’s and don’ts of the lawDefines one’s obligations under the lawNames the defensesProcedural- once we suspect you of committing a crime, what procedure should we put you throughPuts out the methods on how to enforce the lawThe authority of the gov’t to exercise their power to enforce the lawCertain jurisdiction for certain crimes4th Amendment:Protects: privacy, property, security“The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, shall not be violates and no warrants shall issue, but upon probable cause supported by an oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized”Searches- they can come into the propertySeizures- them taking thingsProbable cause needs to be present for a search warrantFacts to make a reasonable person to believe seize-able items are in a particular placeLaw enforcement can use hear-say to prove probable causeSometimes evidence is seized illegallyAt common law, illegally seized evidence was still allowed in trialNow (today), that illegal evidence must be excluded from the trialExclusionary RuleEvidence seized illegally by gov’t officers cannot be introduced by the prosecution in a criminal trial to prove the defendant’s guiltWhen a person acting as a part of the gov’t and they take some evidence in an illegal manner, it cannot be introduced by the prosecutionIn a criminal trial- this does not apply to civil cases4th amendment only applies to criminal casesWhy suppress the evidence that is obtained illegally?Because law enforcement is breaking the law and violate that person’s rights if they obtain evidence illegally they break the law tooOnly applies to gov’t agents not private individualsIt protects us from law enforcement not from other citizensIf the state that they work in gives private security guards the same power police officers do then they have the right to detain and arrest youCRJU 203 Lecture 3Outline of Current Lecture I. Government Limits II. Order and freedom a. Police, prosecutors, courts and corrections III. Criminal Procedure a. 4th, 5th, 6th and 8th amendments IV. Due Process V. Crime ControlVI. Procedural and Substantive law VII. 4th Amendment and Exclusionary Rule Current LectureLimits on the government in regards to solving a crime o Most of the rules about criminal procedure will make sure that one’s privacy and liberty won’t be violated o This country is based on the law (a constitution)o Government officials are not above the law o And the government cannot exceed their authority o The constitution gives our rights o And the state has right but cannot take away federal rights Balancing Act Between Order and Freedom o Police  They have the duty to enforce criminal law in a certain manner o Prosecutor  Legally prosecute violations against national law o Courts  Have the duty to uphold the law and any violations o Corrections  Jails/prisons  Take in/house inmates- ones that have violated the law These notes represent a detailed interpretation of the professor’s lecture. GradeBuddy is best used as a supplement to your own notes, not as a substitute.Criminal Procedure o Is deeply rooted in the constitution o Specifically the bill of rights  4th amendment- unreasonable searches and seizures  5th amendment- self incrimination (do not have to testify against yourself in a criminal case)  6th amendment- speedy and public trial  8th amendment- trial by jury Due Process (1st theory) o Fairness in the system o People demand due process o They presume the defendant is innocent until proven guilty o Guilt must be proven beyond a reasonable doubt o Assume law enforcement and judiciary make mistakes-prone to error o People should have a chance to appeal things o Demand for finality can be dragged out o Insist on legal guilt not moral guilt o Due process should be available to everyone  Crime control (2nd theory)- Emphasize criminal conduct - Stop people from committing crimes- Public safety is essential to freedom - Put a premium on speed and efficiency in the criminal justice system - Assumption is that the defendant actually did it - Assume that law enforcement is accurate-trust them - Stress factual guilty and legal guilt - Once the case is done its done, no need to reopen a case that has been decided on  Difference Between Procedural and Substantive Law - Substantive- is the do’s and don’ts of the law o Defines one’s obligations under the law o Names the defenses - Procedural- once we suspect you of committing a crime, what procedure should we put you through o Puts out