Criminal Procedure And The Constitution Essay

853 words - 4 pages

Identify six key characteristics of the U.S. Constitution. The six key characteristics of the U.S. Constitution according to Samaha are; “the Constitution is a higher form of law, it embodies the fundamental values for the people, it expresses the will of the whole people, direct action of the whole people can change constitutions, it always binds the government, and it can’t be changed by the government” (Samaha, 2013).
Identify and describe two limits placed upon the powers of the United States Supreme Court. The two limits placed upon the powers of the United States Supreme Court are; first, the U.S. Constitution and Supreme Court are ultimately at the top of the obelisk with a wide ...view middle of the document...

What was the ruling in Rochin v. California? Antonin Rochin was initially convicted and sentenced to sixty days’ imprisonment in California’s Superior Court; for possession of “a preparation of morphine,” the doctors in fact did force out of the offenders stomach against his own will and it was under the command of law enforcement officers. Rochin did appeal the charges in which he explained that the way they extracted the evidence was in violation of the Due Process Clause of the Fourteenth Amendment. Rochin was denied by the Supreme Court without opinion of Rochin’s petition for a hearing. They declined to review his case, but they did present a certiorari in his conviction (Samaha, 2013).
What is the presumption of regularity? Explain. According to Samaha, “presumption of regularity is it presumes government actions are lawful in the absence of clear evidence to the contrary” (Samaha, 2013). Meaning; that any commotion the government proceeds with is considered to be constitutional. Let’s say for instance; a citizen has no doubt that certain activity is being performed by the government or a person who is part of the government agency is doing things illegal, the citizen who assumes that the government is doing illegal activity; must prove that the presumption of the legality is inaccurate; in which the citizen has to prove, the government has performed an action illegitimate (Samaha, 2013).
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