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notes 9-5 - o Korematsu vs.US – President’s right to...

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CJ 110 notes 9/5/07 Criminal justice system should be an obstacle course to get through from the process of arrest to imprisonment/ sentencing Individual rights versus public order o Public safety Top priority: Top Concerns: CJ Process: Presumption of guilt Administrative and Discretion Punishment Repress Criminal Conduct Public Safety Individual Rights 1,5,6,8,11,13 Power/Importance of Federal Courts (fairness must prevail)
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Unformatted text preview: o Korematsu vs.US – President’s right to order the exclusion of Japanese Americans form the West coast under war powers o Hamdi v. Rumsfeld – Executive branch does not have the power to hold indefinitely a US citizen without basic due process protections (notice, hearing, counsel) o Rasul v. Bush – Essentially detainees at Guantanamo Bay have standing – potential access to federal courts...
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