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Unformatted text preview: 9-20-07Our system is called an adversarial system.The prosecution is supposed to go for max punishment and the defense for min. punishment, but within the rules (no extortion, bribery, or witness intimidation).Our system does not ask the prosecution and defense to seek justice, it wants them to win.The two parties in our judicial system that are supposed to seek justice are the judge and jury.Over-charging The prosecutor charges the defendant with more than the crime merits in order to scare the defendant into a plea agreement.p. 59Federal Bankruptcy Judges receive their job from the Court of Appeals and are appointed to 14-year terms.Nearly 1/200 Americans claim bankruptcy every year.Because bankruptcy laws change so often, they must have special courts and judges that specialize in it.Nearly half of all bankruptcies are due to medical expenses.p. 68A decision by the Circuit Court of Appeals exhausts the litigants right to one appeal.Article 13 Military Court Low-level punishmentp. 67Foreign Intelligence Surveillance Act created Foreign Intelligence Court.Crime- breaking of the lawnullem crimen, nullem lageno crime without lawMost laws involving violence are passed by the state.Most of the laws we live under are state laws and not federal laws.Prior to the Warren Court of the 1960s, the Federal Courts did not get involved in state laws. Ex. Capital punishment and school prayer were all state choices, not dictated by federal government.To cope with rising case loads:1) Cut back on federal jurisdiction2) Create more judgeships9/25/07 TEST 2Jury Nullification It is in the power of a jury to acquit on the grounds that the law doesnt fit the case at hand.CrimeThere are far more crimes against property than there are against person.Crime a violation of the lawInitial appearance Accused told of charges, bail set, and date of preliminary hearing setPreliminary hearing Pretrial hearing to determine whether or not the trial will be held for the accusedArraignment When the accused must give a plea of guilty or not guilty and the trial date is set.Arraignment When the accused must give a plea of guilty or not guilty and the trial date is set....
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This note was uploaded on 04/02/2008 for the course POLS 3302 taught by Professor Bordelon during the Fall '07 term at Houston Baptist.
- Fall '07