CRJU 20413 Lecture Notes - Lecture 2: Earl Warren, Burger Court, Exclusionary Rule
Document Summary
Pre-1960s bill of rights not taken seriously. Earl warren chief justice of the u. s. supreme court (1953-1969) Miranda v. arizona (1966) advisement of rights required for criminal suspects. Individual rights were addressed more frequently by police before questioning occurs. Mapp v. ohio (1961) exclusionary rule, incriminating information not received in a constitutional manner is not allowed as evidence in a court. Expansion of police powers, limited exclusionary rule, reduction of opportunities for state prisoners to bring appeals to federal court. 5th right to a grand jury, no double jeopardy, no self-incrimination. 6th right to a speedy trial. Individual rights: due process issues with police: three major areas: Search and seizure (evidence and investigation; mapp v. ohio) Warrant writ issued by a judicial officer directing a law enforcement officer, protects officer from any damage they do to perform a specific act and affording the officer protection from damages if he or she performs it. Probable cause average person can tell.
