LecturesandSummaries130

LecturesandSummaries130 - Lectures/Chapter Summaries...

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Lectures/Chapter Summaries Chapters 1-13 Chapter 1: The Court System, Court Cases, and Sources of rights The United States has a dual court system, meaning: it has two levels of courts 1. Federal 2. State If an act violates federal law, it is tried in federal court If an act violated state law, it is tried in state court Judicial review is the “the power of any court to hold unconstitutional and hence unenforceable any law, any official action based on a law, or any other action by a public official that it deems to be in conflict with the Constitution.” Judicial precedent means that decisions of courts have values as precedent for future cases similarly circumstanced Jurisdiction is the power of a court to try a case Venue is the place where the case is tried The incorporation controversy is about whether the Bill of Rights protects against violations of rights by the federal government only or also limits the actions of state and local government officials. The four approaches to incorporation are 1. Selective incorporation 2. Total incorporation plus 3. Case-by-case approach Rule of law is difficult to define, but it generally means 1. that no person is above the law 2. that every person is subject to the law 3. That every person can be held accountable in the courts of law for their actions
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Chapter 2: Overview of the Criminal Justice Process Criminal procedure is divided into three stages 1. Before trial 2. During trial 3. After trial Procedure before trial involves: 1. Filing of the complaint 2. The arrest 3. Booking 4. Initial appearance before a magistrate without unnecessary delay 5. Bail or release 6. Decision to charge by the prosecutor 7. Indictment or information made or filed 8. Arraignment of the accused 9. Plea Procedure during trial involves: 1. Selection of jurors 2. Opening statements 3. Presentation of evidence by the prosecutor 4. Presentation of evidence by the defense 5. Rebuttal evidence 6. Closing arguments 7. Judge’s instructions to the jury 8. Jury deliberation 9. Verdict Procedure after the trial involves: 1. Sentencing 2. Appeal 3. Habeas Corpus
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Chapter 3: Probable Cause and Reasonable Suspicion Probable cause 1. Legal definition: Probable cause exists when “the facts and circumstances within the officers’ knowledge and of which they had reasonably trustworthy information are sufficient in themselves to warrant a man of reasonable caution in the belief that an offense has been or is being committed. 2. Practical definition: Probable cause exists when it is more likely than not (more than 50% certainty) that the suspect committed an offense or that the items sought can be found in a certain place. 3. In the absence of probable cause, the act is illegal, and the evidence obtained must be excluded by the court. 4.
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This essay was uploaded on 04/22/2008 for the course CRJ 100 taught by Professor Martin during the Winter '08 term at Des Moines CC.

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LecturesandSummaries130 - Lectures/Chapter Summaries...

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