Crim+Procedure+I

Crim+Procedure+I - CRIMINAL PROCEDURE Grand Juries PART 1...

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1 CRIMINAL PROCEDURE Grand Juries PART 1 The Bill of Rights First Ten Amendments 1. Free Speech and assembly 2. Militia and right to bear arms 3. No peacetime soldiers living in your home 4. No unreasonable searches and seizures; no search warrants without probable cause 5. Grand Jury indictments; double jeopardy; not be a witness against oneself; due process of law; compensation for the taking of private property
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2 6. Speedy and public trial in criminal prosecutions; held in the district of the crime; be informed of the [charges]; confronted by witnesses; to compel witnesses for oneself; assistance of counsel 7. Right to trial by jury (civil) 8. No excessive bail; no cruel or unusual punishments Components of the Criminal Justice System Federal State City, County Police, Sheriff Law Enforcement Attorneys Judges Judiciary Dept. of Corrections Parole Probation Corrections Criminal Justice System
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3 Burden of Proof Civil – Preponderance of the evidence – 9-3 verdict – Remedy: money damages Criminal – Beyond a reasonable doubt Unanimous verdict (12-0) – Incarceration or death – Higher societal moral condemnation Adversarial System of Justice Searches for the truth Presumes defendant is innocent Due Process of Law is required at all times Three Levels of Courts • ______________________________ • ______________________________ • ______________________________
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4 Three Levels of Courts •Tr ia l • Appellate • Supreme Trial Courts • Courts of first impression – Trials –Jur ies – Nearly all litigation • California: Superior Court • Federal: U.S. District Court Appellate Courts • After trial is over (usually) • No new testimony or evidence • Based on transcript and trial record • Attorneys file briefs and argue • Majority of Justices determine the case
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This note was uploaded on 04/08/2008 for the course POLY SCI 179 taught by Professor Ormes during the Spring '08 term at UC Irvine.

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Crim+Procedure+I - CRIMINAL PROCEDURE Grand Juries PART 1...

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