CJUS_410_Exam-1_Study Notes.docx - Discussion Board Week The five different criminal procedure ideals in the real world are(1 balancing(2

CJUS_410_Exam-1_Study Notes.docx - Discussion Board Week...

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Discussion Board Week # The five different criminal procedure ideals in the real world are; (1) balancing, (2) proportionality, (3) equal justice, (4) accuracy, and (5) evidence based decision making. “Balancing refers to securing public safety for the whole community, while protecting the liberty and privacy of every individual in the community” (Samaha, 2018, 1-1b). Both protection and security are essential to the quality of life and there must be a balance of the two conflicting values. Proportionality refers to limiting government power to only what is needed to prevent, investigate, prosecute, sentence, and review official actions. Equal justice provides that everyone should be treated equally under the law. Everyone is to be treated equally but law enforcement, prosecutors, and judges. Accuracy refers to the avoidance of errors when determining guilt or innocents. Finally, evidence based decision making relies on the facts and circumstances required to back up government actions in a criminal procedure. Fundamental fairness is a command of due process to the states to provide a notice to the defendant of the charges against them and a hearing on the facts before the conviction and punishment are handed down. The incorporation doctrine defined the Fourteenth Amendment due process as applying the specific provisions of the Bill of Rights to state criminal procedure. The fundamental fairness doctrine focuses on general fairness, whereas the incorporation doctrine focuses on specific procedures. The selective incorporation doctrine incorporates only certain parts of certain amendments.
Discussion Board Forum Week # References Hendrix, N. (2013). Experience Criminal Justice . New York, NY: McGraw-Hill. Hess, K. M., Orthmann, C. H., & Cho, H. L. (2017 ). Criminal investigation (11 th ed.). Boston, MA: Cengage Learning. ISBN: 9781337745512. Samaha, J. (2018). Criminal procedure (10th ed.). Boston: Cengage.

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