Summarize the differences among the fundamental fairness, total incorporation, and selective incorporation doctrines as they influence state criminal procedures
What will be an ideal response?
The fundamental fairness doctrine focused on general fairness. Under this doctrine
states could largely define their own criminal procedures as long as they did not
offend fundamental rights.
Under the total incorporation doctrine, all provisions of the Bill of Rights were
considered incorporated into the Fourteenth Amendment due process clause and thus
applicable to the states. Under this doctrine, states in a criminal justice system would
have to follow identically all those rights guaranteed to the accused in federal criminal
proceedings.
Finally, the selective incorporation doctrine argued that some provisions of the Bill of
Rights were incorporated into the notion of due process and thus applicable against the
states, and some were not. When a right was considered so fundamental as to be
incorporated into the due process clause and applied to the states, the states would
have to apply that right exactly as it was in a federal criminal proceeding.
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The term ________ is defined as offenses that are illegal because laws define them as such.
A. modus operandi B. mala prohibita C. mala fide D. mens rea
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Fill in the blank with correct word.
_____________________ activities are actions taken after an event occurs. They are both long and short term efforts.
Fill in the blank(s) with the appropriate word(s).