Criminal Procedure In The United States
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Criminal Procedure In The United States
United States criminal procedure derives from several sources of law: the baseline protections of the United States Constitution, federal and state statutes; federal and state rules of criminal procedure (such as the Federal Rules of Criminal Procedure); and state and federal case law. Criminal procedures are distinct from civil procedures in the US. Sources of law U.S. Constitution The United States Constitution, including the United States Bill of Rights and subsequent amendments, contains the following provisions regarding criminal procedure. Due to the incorporation of the Bill of Rights, all of these provisions apply equally to criminal proceedings in state courts, with the exception of the Grand Jury Clause of the Fifth Amendment, the Vicinage Clause of the Sixth Amendment, and (maybe) the Excessive Bail Clause of the Eighth Amendment. * Article Three, Section Two, Clause Three: **Jury Clause **Venue Clause * Fifth Amendment: ** Grand jury clause ** Double Jeopardy ...
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United States Constitution
The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the national frame of government. Its first three articles embody the doctrine of the separation of powers, whereby the federal government of the United States, federal government is divided into three branches: the United States Congress, legislative, consisting of the bicameralism, bicameral United States Congress, Congress (Article One of the United States Constitution, Article I); the Federal government of the United States#Executive branch, executive, consisting of the President of the United States, president and subordinate officers (Article Two of the United States Constitution, Article II); and the Federal judiciary of the United States, judicial, consisting of the Supreme Court of the United States, Supreme C ...
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