About This Chapter
Substantive & Procedural Law - Chapter Summary
Take a look at this chapter's lessons to study the fundamentals of substantive and procedural law. You'll learn about the differences between these two types of law, as well as see concepts related to the exclusionary rule, warrants, due process, Miranda warnings and interrogations. Our expert instructors have designed these lessons to be short, entertaining and simple. Take the accompanying self-assessment quizzes to reinforce your understanding of the material, and study whenever you have free time in your schedule. By the end of the chapter, you should be able to:
- Differentiate between substantive law and procedural law
- Trace the development of substantive criminal law
- Summarize the Bill of Rights
- Evaluate the concept of due process in terms of crime control
- Define criminal procedure rules and laws
- Evaluate legal restraints regarding police actions
- Understand concepts about Miranda warnings, interrogations and police intelligence
- Explain laws and rights pertaining to search and seizure
- Recognize examples of warrants
- Identify Supreme Court decisions about constitutional criminal procedure
- Assess the advantages and disadvantages of the Patriot Act and the exclusionary rule
1. Substantive Law vs. Procedural Law: Definitions and Differences
While substantive law sets the rules for citizens to follow, procedural law entails the steps that lead from arrest to prosecution. Explore the definitions and differences of procedural law and substantive law and how they each factor into the legal process.
2. Substantive Criminal Law: Definition & Development
Substantive criminal law interprets which acts are considered crimes & how to administer punishments for crime. Learn about the definition of criminal law, the link to procedural criminal law, and the development of substantive criminal law today.
3. The Bill of Rights: The Constitution's First 10 Amendments
The Bill of Rights is one of the most important documents in America because it protects the rights of citizens. Learn about the history of the Bill of Rights and review the Constitution's first 10 amendments.
4. What Is Due Process in Crime Control? - Definition & Guarantees
Due process is the idea that all citizens should be treated fairly under the law. Explore the definition and guarantees of due process in crime control. Review the practices for investigation, evidence, arrests, interrogation, criminal trials, and post-conviction rights.
5. Criminal Procedure Rules: Definition, Laws & Examples
Criminal Procedure Rules are the policies regarding the administration of criminal justice. Follow the rules through examples of laws, and the practices that protect civil liberties.
6. Legal Restraints on Police Actions
Legal restraints, or limits, on police action project citizens from unlawful abuses of power. Learn where these restraints are found legislatively, and details about the fourth and fifth amendments, as well as the exclusionary rule.
7. Police Intelligence, Interrogations & Miranda Warnings
Police intelligence units are tasked with gathering and analyzing information useful to law enforcement. Identify the use of different methods such as interrogation and learn about Miranda warnings and exceptions to this rule.
8. Search & Seizure: Definition, Laws & Rights
Search and seizure is a legal method to obtain evidence, but it requires certain conditions and permissions to mind someone's rights. While defining search and seizure, explore the Fourth Amendment, probable cause, plain view, inevitable discovery, and the exclusionary rule.
9. The Exclusionary Rule: Definition, History, Pros & Cons
The exclusionary rule is a principle of U.S. criminal law that asserts that illegally obtained evidence cannot be presented against a defendant at trial. Learn the historical background of this rule, review its pros and cons, and understand its connection to the Fourth Amendment to the U.S. Constitution.
10. What Is a Warrant? - Definition & Examples
Warrants are permissions granted by judges to prosecutors and law enforcement to arrest people wanted for crimes or to search properties where an illegal activity occurred or is believed to take place. Learn about the differences between arrest warrants and search warrants and review examples of each.
11. Supreme Court Decisions on Constitutional Criminal Procedure
The U.S. Supreme Court hands down decisions that affect every aspect of Americans' lives. Learn about significant Supreme Court decisions on criminal procedure, including Gideon v. Wainwright, Miranda v. Arizona, and Mapp v. Ohio.
12. What Is the Patriot Act? - Definition, Summary, Pros & Cons
The Patriot Act emerged after the 9/11 terrorist attacks as legislation intended to combat terrorism. Explore the definition, summary, and pros and cons of the Patriot Act, and discover how libraries were impacted by this law.
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Other chapters within the Criminal Justice 107: Criminal Law course
- Criminal Law: Purposes, Scope & Sources
- Understanding the Types of Jurisdiction
- Essential Elements of a Crime
- Criminal Liability Types
- Justification & Excuse Defenses
- Punishment & Sentencing in Criminal Law
- Legal Overview of Homicide
- Sexual Offenses & Offenders Overview
- Robbery, Theft, Burglary & Property Crimes
- Assault & Battery Overview
- False Imprisonment & Kidnapping
- White, Blue & Green-Collar Crime