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Criminal Evidence

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Criminal Evidence
1. Identify several sources of rights.

Rights are legal, social, or ethical principles of freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people. There are many types of rights in our society. In addition to the Constitution, court decisions and statutes are important sources of rights, and so are state constitutions. The Federal Rules of Criminal Procedure sometimes shed light on and clarify important rulings handed down by the U.S. Supreme Court. Additionally, the Federal Rules set forth the criminal procedure guidelines that federal criminal justice practitioners are required to abide by.

2. What is the incorporation controversy?

The Fourteenth Amendment’s Due Process Clause, which holds that no state shall “deprive any person of life, liberty, or property, without due process of law,” has been used by the Supreme Court to make certain protections specified in the Bill of Rights applicable to the states. This is known as incorporation.

3. What rights have been incorporated? What rights have not?

There are four leading views on the incorporation debate. First, the total incorporation perspective hold that the Fourteenth Amendment’s Due Process Clause incorporates the entire Bill of Rights. The second leading view on incorporation is that of selective incorporation, which favors incorporation of certain protections enumerated in the Bill of Rights, not all of them. The third view on incorporation can be termed total incorporation plus. It holds that the Fourteenth Amendment’s Due Process Clause incorporates the whole Bill of Rights as well as additional rights not specified in the Constitution, such as the “right to privacy.”

4. In what ways can theory differ from reality?

We are taught that the courts and the Supreme Court in particular are charged with interpreting the Constitution and laws of the United States. We are further taught that law enforcement should accept

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