CJ Exam 3 - CH 10 Circle of Due Process (Victim reports to...

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CH 10 Circle of Due Process (Victim reports to the Police who investigate and seek warrants from Prosecutor who presents case to the Judge who oversees the process and if guilty sentences them to the Correctional process . Court Goals - Provide an open and impartial forum for seeking the truth, Provide fair hearing using regulated rules, Insure the process takes place in an atmosphere of legal competence and objectivity, Provide a clear legal outcome. Adversary System (demands truth determined) - Prosecution and Defense present the truth behind the facts and circumstances that support their side of the case. Judge makes decisions on facts concerning the interruption of the law – case and Constitutional. Juries make decisions on facts based upon the instructions of the judge concerning the laws governing the case - jury instructions State Court Systems - try cases that are against the laws of that state. Their jurisdiction is over state legal issues. Michigan’s Court Structure - Supreme( 7 judges), Appellate (28 judges), Circuit(Handles felony cases, major civil suits and “family” issues in those jurisdictions where there is no Probate Court), District(misdemeanors, traffic, minor civil suits) Judiciary Act of 1789- Created the Federal Court system, Early justices rode “circuit” .Created Office of the United States Attorney, Appointed by the President, Serve a judicial district. Federal Court System - try cases that are against the laws of the United States. Their jurisdiction is over federal legal issues Structure - Supreme (Handles important constitutional questions, Conflicts among the U.S. Circuit courts, Handles conflicts between states, 9 judges, Supreme law of the land – stated so on February 24, 1803), Fed Appellate/ Circuit (12 +1 for US Gov Defense, in D.C.), US District (94- 2 in Michigan, Felonies, Civil cases, Issues warrants). Court Jurisdiction - A change of “venue” moves a case into another geographic region. Subject Matter , 1) Civil v Criminal, 2.) Trial v Appellate, 3.) Adult v Juvenile. Something other than geography determines jurisdiction . Players - Judge: Ensures that the “Rules of Law” and Due Process are exercised during all court proceedings, Prosecutor : Presents the case against the defendant – acts as the “peoples” attorney, Defense Counsel: Represents and protects the Constitutional rights of the accused – defendant. Role of Trial Court Judge - Both District and Circuit Court judges are considered trial court judges ,Pre-Arrest : May authorize search and/or arrest warrants (IV Amendment), Initial Appearance/Arraignment: Inform arrestee of the changes, Sets bail , assign counsel if necessary (VI and VIII Amendments), Preliminary Examination : Decide if there is Probable Cause (VI and V Amendments). Plea Bargain : If the defendant wishes to plea to the offense (V and VI Amendments), Pretrial Motions : Rule on motions made by either the defense or the prosecutor, Trial: Officiate over all aspects of the trial (IV, V and VI Amendments), Sentencing
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This note was uploaded on 04/20/2008 for the course BIO 120 taught by Professor Throgerson during the Spring '08 term at Grand Valley State University.

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CJ Exam 3 - CH 10 Circle of Due Process (Victim reports to...

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