Criminal Procedure and the Constitution

Instructional Objectives for this activity:

  • Examine the origins, development, and structure of the U.S. judicial system.
  • Differentiate between the values of security and personal autonomy within a constitutional Democracy.
  • Summarize relevant legal terminology as it pertains to the U.S. Constitution and established  criminal procedure.
  • In this week’s learning activities, you were introduced to crime control in our constitutional democracy, and began your exploration of criminal procedure as it relates to the U.S. Constitution. The foundation of our criminal justice system is in the Constitution.

    After carefully reviewing the material in the learning activities, use a word processing program to respond to the following questions:

    1. Identify six key characteristics of the U.S. Constitution.
    2. Identify and describe two limits placed upon the powers of the United States Supreme Court.
    3. Explain the difference between the fundamental fairness doctrine and the incorporation clause.
    4. What was the ruling in Rochin v. California?
    5. What is the presumption of regularity? Explain.
    6. Do you agree with the majority or dissent in Hurtado v. California?  Explain your position.

    Full credit requires more than one-sentence responses.  Your response must be analytical and apply the law that you are learning.  Each answer should be at least one paragraph in length; however some answers will require more.  One or two sentences per answer are not sufficient.

    You will be assessed on the nature and scope of your research and the depth of analysis in your response.

    In addition, you must proofread your material, and submit it without grammar, spelling, or other mechanical errors.  Finally, remember to use APA format in this and all assignments.

    Use your textbook as your primary reference, and use the Internet to supplement your research if necessary.  Cite all of your sources, including the text, lectures, and other sources, using APA guidelines.


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