CRJU.101__Outline.2__2.10.09 - THE AMERICAN CRIMINAL...

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THE AMERICAN CRIMINAL JUSTICE SYSTEM PART II—THE POLICE CHAPTER 5 – OVERVIEW OF THE JUSTICE PROCESS I. Goals: --control crime while maintaining due process --make just laws; catch all bad guys; release all innocents II. Due Process A. Inquisitorial versus Adversary Systems 1. Trial by ordeal 2. Inquisitorial systems 3. Adversary systems B. U.S. Bill of Rights and the Concept of Due Process 1. Constitutional Protections over the Criminal Process a. Founders distrusted government; a tyrannical government could use the criminal process to oppress the people b. Selected Provisions: o jury trial provision o habeas corpus o Fourth Amendment o Fifth Amendment o Sixth Amendment o Eight Amendment o Fourteenth Amendment c. The Nationalization of the Bill of Rights 2. Due Process
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a. Procedural Due Process b. Substantive Due Process III. Steps in the System A. Pre-Arrest 1. Crime 2. Investigation B. Arrest—Arraignment 1. Arrest 2. Booking —administrative procedure 3. Initial Appearance --within hours of arrest --informed of charges; read rights --attorney appointed if indigent --bail is set 4. Preliminary Hearing o was a crime committed? o
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CRJU.101__Outline.2__2.10.09 - THE AMERICAN CRIMINAL...

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