Author Question: Identify and discuss the sources of rights in criminal procedure. What will be an ideal ... (Read 58 times)

LCritchfi

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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?



Tonny

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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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Tonny

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