Criminal Justice Mid-term

Criminal Justice Mid-term - Criminal Justice: Mid-Term...

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Criminal Justice: Mid-Term Study Guide: Chapter 3: Dual-court system: o One national court system plus spate systems in each of the 50 states and the District of Columbia o More than 51 separate court systems Jurisdiction: o Power of the court to decide a dispute Geographical jurisdiction: (“territorial jurisdiction”) in criminal cases primarily concerned with a sovereign’s power to punish the conduct that violates its criminal laws Venue: particular location or area in which a court having geographical jurisdiction may hear a case o Venue may be transferred to another location that is much more convenient for the parties and witnesses than the intended place of trial; change of venue is appropriate when a defendant is unlikely to get a fair and impartial trial in the federal district where the crime is alleged to have taken place Extradition: involves the surrender by one state of an individual accused of a crime outside its own territory and within the territorial jurisdiction of the other state Subject Matter Jurisdiction: trial courts of limited or special jurisdiction are restricted to hearing a limited category of cases, typically misdemeanors and civil suits involving small sums of money Personal Jurisdiction: “in personum” refers to a court’s power over an individual person or corporation—a court gains power over a particular defendant by virtue of the defendant’s having done some act within the place where the court is located or having some contact with the place in which the court is located Hierarchical Jurisdiction: refers to differences in the court’s functions and responsibilities Original jurisdiction: means court has ability to try and decide it Appellate jurisdiction: means that a court has the power to review cases that have already been decided by another court o Only see: 1) transcript of proceedings, 2) transcript of the docket (indictment, motion to suppress), 3) Exhibits SAID HE WOULD PROBABLY NOT ASK A QUESTION ABOUT JURISDICTION Fifth Amendment: “nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb” o “Dual sovereign doctrine”—two sovereign governments, state and federal Critics (Dameron) argue that dual sovereign exception has no legal or historical basis Article III: is brief and sketchy, providing only an outline of a federal judiciary: “The judicial power of the United States, shall be invested in one Supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish”
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US Magistrate Judges: o Officially a subcomponent of the district courts o Congress created them in 1968 to replace their former position of US commissioners o Provide a new type of judicial officer to alleviate the increased workload of the district courts o Selected by district court judges US District Courts: o Congress created 94 district courts o 89 are located within the 50 states; no district court crosses state lines
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This note was uploaded on 03/26/2012 for the course CJS 201 taught by Professor Staff during the Fall '11 term at Miami University.

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Criminal Justice Mid-term - Criminal Justice: Mid-Term...

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