Criminal Justice Test 3 Notes

Criminal Justice Test 3 Notes - Compurgation The value of...

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Compurgation The value of the oath was the person’s wergild The accuser had to present more oath-takers than the defendants (formed the basis of the innocent until proven guilty). Trial by ordeal There were three main types: cold water, hot water, hot iron. The Assize of Clarendon(1166) enacted to resolve property disputes, but was later expanded to cover more issues. Est the grand jury system. A jury of 12 men from each jurisdiction would inform the king of the most serious crimes that had been committed.Changed the view of crimes from private wrongs, to public problems.Eventually the Assize of Clarendon was used to simply charge the accused and hold them for trial. Jury Trial The Lateran Council (1215) .If convicted by trial,one fortified his land to the king.If you chose the dungeon instead,and died there his property could pass to his heirs. Marbury v. Madison (1803) Est. the judiciary as equal to the executive and legislative McCullough v. Maryland (1819) Est. that the court could find implied powers in the constitution deduced from its nature and language. Supremacy Clause Est. that the USSC had the last word on a subject. Business Unions and Civil Liberties The Court interpreted the 14 th amendment in conservative fashion to protect businesses from being sued in courts. Plessey v. Ferguson (1896) Separate but equal/jimcrow The Warren Court Expanded due process, applied the Bill of Rights to the states, and championed marginalized groups. Article III of the Constitution Provides the Authority for the existence of the Supreme Court and any inferior courts that congress decides to create. Three types of Jurisdiction Subject Matter Geographic US District Courts They hear felony criminal cases involving federal laws, and civil cases where more than $75,000 .Judges are appointed to life-long terms US District Courts also handle bankruptcy cases- they appoint adjunct bankruptcy judges to 14 year terms.Hear cases involving: Federal Questions Diversity Jurisdiction Prisoner Petitions US Court of Appeals- Circuit Courts (13+ Military Circuit) Circuit Riding- The judiciary Act of 1789 and the Judicial Act of 1891 Intermediate Court of Appeal- sits between the US Supreme Court and the US District Courts. They hear the vast majority of federal appeals.They hear cases “from the record”Typically, these appeals deal with procedural errors. Three types of Appeals Factual Errors (the jury screwed up) Procedural Errors (the Judge Screwed up) Representation Errors (my attorney screwed up) US Supreme Court Hear about 80 cases a year that involve a substantial federal question Writ of Certiorari an order to the lower court to transfer the complete record. Amicus Curiae these are briefs (legal arguments) offered by non- parties to the case for the purpose of informing the Court where interested parties stand.Accepting these “friends of the court” briefs is left up to the discretion of the court. State Court System Courts of limited jurisdiction In Arkansas these are district courts.Courts of RecordWe also call them courts of general jurisdiction.In Arkansas these are
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This note was uploaded on 07/22/2011 for the course CMJS 2003 taught by Professor Nalley during the Spring '08 term at Arkansas.

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Criminal Justice Test 3 Notes - Compurgation The value of...

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