POLI 3120 Lecture Notes - Lecture 14: Equal Protection Clause, Due Process Clause, Scottsboro Boys
22 May 2018
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-read the trial stuff for Thursday.
Pre-Trial.
I. Criminal Procedure Encompasses a lot of things
a. Search and seizure
b. Arrest
c. Interrogation
d. Appointment of counsel
e. Right to discrovery
f. Right to speedy trial
II. Rules of court and rules of procedure.
a. Lawyers are bound by rules of evidence: what is admissible at a jury trial
b. Rules of procedure: how to go about everything and how we navigate the criminal
justice system in general
III. 14th amendment
a. No state shall deprive any person of life, liberty, or property, without due process of
law, nor deny to any person within its jurisdiction the equal protection of the laws.
b. Two very important clauses
i. Due process clause of 14th amendment
1. What procedures should be there to safeguard rights?
2. Right to be heard, opportunity to argue
ii. Equal protection clause
IV. Pretrial
a. Arrest/arrest warrant
i. Arrest at sene ased on offier’s elief of proale ause
ii. Then the cop will write out a complaint. Complaint has name, what you are
charged with, and needs to write out probable cause. Can ask for warrant or
summons of defendant.
1. A summons: not necessarily an arrest. But tells person to go to court to
answer a charge
iii. Once you go to jail, they will put bond.
b. Initial appearance
i. Has to be as soon as practical. Usually the next day. Judge informs the person of
a number of things:
1. Has duty to inform defendant of crime they are charged with, right to
counsel, sets preliminary hearing date and bond or release conditions
2. Right to counsel: 6th amendment.
a. Scottsboro Case. (Powell v Alabama)
i. 9 black teenagers get in fight on train with white kids.
Train stops in Scottsboro. 2 white women get off and
accused the 9 men of raping the women
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Criminal procedure encompasses a lot of things: search and seizure, arrest, appointment of counsel, right to discrovery, right to speedy trial. Pretrial: arrest/arrest warrant, arrest at s(cid:272)ene (cid:271)ased on offi(cid:272)er"s (cid:271)elief of pro(cid:271)a(cid:271)le (cid:272)ause, then the cop will write out a complaint. Complaint has name, what you are charged with, and needs to write out probable cause. Can ask for warrant or summons of defendant: a summons: not necessarily an arrest. But tells person to go to court to answer a charge: once you go to jail, they will put bond. Initial appearance: has to be as soon as practical. 2 white women get off and accused the 9 men of raping the women: 1 day trial. But the doctor who had examined the women says there was no evidence: 9 black teenagers were convicted. 8 of them were sentenced to die in the electric trial.
