PSC 2302 Chapter Notes - Chapter 13: Jury Trial, Hung Jury, Miranda Warning
4 Apr 2016
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Didn"t like police conduct in spano v. ny 1959 where he held that confession had been obtained illegally. Miranda rights later made cons. in dickerson v. us 2000. Issue of balancing rights of individuals with need to protect society. Due process guarantees in the bill of rights. Focus on fair and just procedures to be followed; due process of law. Prevents gov. from taking property without just compensation, trying person twice for same offense and forcing person to reveal info involuntarily. Prevents person from being tried twice from same offense in same juris. Sc held capital cases have 2 trials-one dealing with guilt or innocence, other with sentence. Ruling doesn"t apply to all state death penalty laws. Doesn"t prevent a new trial following a hung jury. Reaffirmed that directed verdict of acquittal, even if based on incorrect reading of a statue, prohibits retrial. Criminal penalties constitute punishment for having committed an illegal act against state.
