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Essay / Criminal Procedure and the Constitution - 683
Identify six key features of the U.S. Constitution. The six key features of the American Constitution according to Samaha are: "The Constitution is a higher form of law, it embodies the fundamental values of the people, it expresses the will of the whole people, the direct action of the whole people can change the constitutions, it always binds the government and it cannot be modified by the government” (Samaha, 2013). Identify and describe two limitations on the powers of the Supreme Court of the United States. The two limits on the powers of the Supreme Court of the United States are: First, the U.S. Constitution and the Supreme Court ultimately sit at the top of the obelisk, with a wide variety of state and local law enforcement agencies. criminal justice. The Supreme Court must rely on local police, courts and prosecutors to ensure that decisions are made on a daily basis. Second, U.S. district, appellate, and state courts recognize an innate inquisition that the Supreme Court was not able to immediately address, and often never will (Samaha, 2013). Explain the difference between the Fundamental Equity Doctrine and the Incorporation Clause. Two cases established what came to be called the fundamental doctrine of fairness; Powell v. Alabama and Brown v. Mississippi. The doctrine states that due process is a dictation to states to establish two essential fair preliminary hearings; notice to the offender of the allegation brought before him and an investigation into the reality even before convicting and disciplining the offender. It leaves it to the States to regulate the definition of opinions and hearings, and to encompass high principles which constitute the basis of all human cases... middle of paper. The State cannot deprive any person of life, liberty, or property without due process of law (Legal Information Institute, 2014). In conclusion: Due process and the Fourteenth Amendment to the Constitution state that it is not not necessarily necessary to have a grand jury indictment in a state prosecution for murder. So in essence I would also agree with the majority, in that why take a case to a grand jury when you have all the facts and evidence in front of you, just convict him without wasting valuable time ( Legal Information Institute, 2014). Works Cited Legal Information Institute (2014). Cornell University School of Law. Hurtado v. California. Retrieved from http://www.law.cornell.edu/supremecourt/text/110/516.Samaha, J. (2013). Criminal procedure and Constitution. Criminal Procedure (8th ed.). Mason, OH: Cengage Learning, 25 - 47