LEARNING OBJECTIVES
- Distinguish between the two types of constitutional protections.
- Compare unconstitutional on its face with unconstitutional as applied.
- Distinguish among different standards of judicial review.
- Compare bill of attainder with ex post facto laws.
- Ascertain the three types of ex post facto laws.
In addition to statutory and common-law defenses, a criminal defendant has extensive protections that are set forth in the United States Constitution. As stated earlier in this book, the federal Constitution is applicable in all criminal cases because the government is prosecuting. State constitutions typically mirror the federal Constitution because it sets the minimum standard of protection that is guaranteed to all citizens. States can and often do provide more constitutional protections to criminal defendants than the federal Constitution, as long as those state protections do not violate notions of federal supremacy. In this chapter, the federal Constitution is analyzed with reference to state constitutional protections when relevant.
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