Criminal Procedure notes 08-21

 

Criminal procedure: the rules that govern how we prosecute crimes in this country

Focus on the constitution and the 4, 5, 6 amendments of the supreme court’s interpretation of these amendments

 

4th – puts limits on the governments ability to search and seizure (arrests, stopping ppl on the street)

5th – right against self-incrimination

6th – right to counsel

 

Rights of individual against interests of the society and law enforcement.

 

 

We only have an expectation of privacy because our homes are built out of walls that people cannot see through unless they trespass onto our property.  If I built a house out of glass and stood in the middle of it naked, I would be insane to have a reasonable expectation of privacy.  In the same sense, if the government can figure out a way to “see” what materials I have using a gun to look for chemicals, and in no way trespass on my property or break any other law, why should they not be allowed?  And likewise, if I can figure out how to build a “wall” around it, and create my sense of privacy, why should I not be allowed?  People just get confused on the issue when technology is used, because they don’t understand technology.

 

Every other issue falls into the realm of contract law.