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juicymae92 juicymae92
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6 years ago
Identify and discuss the sources of rights in criminal procedure.
 
  What will be an ideal response?



(Question #2) Argue why the PATRIOT Act's attempt to ensure crime control may come at too great a loss to due process and individual liberty.
 
  What will be an ideal response?



(Question #3) Describe and explain the various perspectives related to the incorporation controversy.
 
  What will be an ideal response?



(Question #4) The ___________________ Amendment's due process clause has been used by the United States Supreme Court to apply many of the rights listed in the Bill of Rights against the states.
 
  Fill in the blank with correct word.
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6 years ago
1)  Answer: The U.S. Constitution is the most important source of rights applying to criminal procedure. In addition to the Constitution, important sources of rights include court decisions, statutes, and state constitutions. In addition, criminal procedure cannot be understood without attention to the interplay between federal and states' rights. The two-tiered system of government in the United States creates a unique relationship between the federal and state levels.

2)  Answer: Answers should identify the basic definitions of the competing interests of crime control and individual liberty and due process. Then analyze the PATRIOT Act's sweeping crime control provisions from both perspectives ultimately reaching a conclusion as to the specific question asked. Poor answers will just recite definitions and skip the analysis.

3)  Answer: Answers should include a discussion of the total incorporation perspective; the selective incorporation, or the fundamental rights perspective; the total incorporation plus perspective; and finally the view some have that the topic of incorporation deserves case-by-case consideration.

4)  Answer: Fourteenth
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