Characteristics Of The U.S. Constitution. Essay

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Criminal Procedure
CJL 2134
Week 1 Individual Work
Shannon Conover

  1. Identify six key characteristics of the U.S. Constitution
1. They are the highest form of law.
2. They express the will of the whole people.
3. They always bind the government.
4. They cannot be changed by the government.
5. They can only be changed by direct action by the whole people.
6. They embody the fundamental values of the people.
(Week 1 presentation)

  2. Identify and describe two limits placed upon the powers of the United States Supreme Court.
  * “The Supreme Court has to depend on local courts, prosecutors, and police officers to apply its decisions to day- to- day operations.
  * “US Courts of Appeals, US District Courts, and state courts answer constitutional questions the Supreme Court hasn’t answered yet – and often never will.
  * The Supreme Court has more power over criminal procedure in lower federal courts than it does over state courts.” (Samaha 2012, pg 28)
  3. Explain the difference between the fundamental fairness doctrine and the incorporation clause.
  * The fundamental fairness doctrine practices general fairness and states define their own provisions.
  * The incorporation doctrine – The Bill of Rights is incorporated and states have to follow procedures exactly as it is written by the Supreme Court.
(Samaha 2012, pg 35, 36)
  4. What was the ruling in Rochin v. California?
“Rochin was convicted in a California superior court for possession of a “preparation of morphine,” which doctors pumped from his stomach against his will and on the direction of law enforcement officers. Rochin appealed and charged that the manner of extracting the evidence violated the Due Process Clause of the Fourteenth Amendment. Rochin lost his appeal, and the California Supreme Court declined to review his case, but the U.S. Supreme Court granted certiorari. The Court reversed Rochin's conviction, holding that stomach‐pumping did constitute a method...

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