Answer to Question 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.
Answer to Question 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.
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