The law of criminal procedure in the United States consists of a massive overlay of federal constitutional case law interwoven with the federal and state statutes that actually provide the foundation for the creation and operation of law enforcement agencies and prison systems as well as the proceedings in criminal trials. Due to the perennial inability of legislatures in the U.S. to enact statutes that would actually force law enforcement officers to respect the constitutional rights of criminal suspects and convicts, the federal judiciary gradually developed the exclusionary rule as a method to enforce such rights. In turn, the exclusionary rule spawned a family of judge-made remedies for the abuse of law enforcement powers, of which the most famous is the Miranda warning. The writ of habeas corpus is often used by suspects and convicts to challenge their detention, while the Civil Rights Act of 1871 and Bivens actions are used by suspects to recover tort damages for police brutality. COUNT 5
QSN1 What makes up the law of criminal procedure? ANS1 federal constitutional case law interwoven with the federal and state statutes QSN2 What did the exclusionary rule provide for? ANS2 inability of legislatures in the U.S. to enact statutes that would actually force law enforcement officers to respect the constitutional rights QSN3 What might a suspect use to challenge their detention? ANS3 writ of habeas corpus QSN4 What must a police officer recite to a suspect upon arrest/ ANS4 Miranda warning QSN5 What acts cover tort damages from police brutality cases? ANS5 Civil Rights Act of 1871 and Bivens actions