- Recent trend pushing back on this notion - US v Leon: “good faith” exception when police search believing the search warrant is valid but was later determined to be improperly issued - Reason: Meant to deter police not correct errors by judges ● 5th Amendment - Grand jury- community members who determine if probable cause exists to move a criminal case forward to trial - Double jeopardy- can’t be tried for the same offense twice (in criminal court) - Due process- everything must be done properly ( no person can be deprived of life, liberty, and property) - *** Does not happen every single time - Protection of self incrimination ***Plead the 5th, don’t have to be a witness for yourself - Not available to corporations - Miranda rights- must be told of your rights upon arrest ● 6th Amendment - Right to counsel - Right to an attorney or to have one provided if they can’t afford one - Right to a speedy and public trial - Right to impartial jury - Rights to be informed of the nature of the accusation - To confront witnesses against him or her ● 8th Amendment - No “cruel and unusual punishment” - Death penalty - Advocates justify it on the grounds of restraint and retribution - Bars the death penalty for minors and mentally retarded but not for the mentally ill - No excessive bail Ex post facto laws (banned)- laws that are passed to criminalize conduct after the conduct has occurred (not allowed) - Also criminal laws cannot violate religion or speech (cannot criminalize the burning of the American flag) Purpose of Punishment *** we don’t know which one we should focus on, many people think different things about our justice system, not clear 1. Rehabilitation (hard but necessary aim, recidivism (relapse) is high- most difficult) 2. Restraint
3. Retribution (“eye for an eye”) 4. Deterrence Elements of Criminal Responsibility (need all 3) **make sure you take note of the defenses/exceptions even when you have all 3 1.Broke a law-Show that the defendant’s actions violated an existing criminal statute2.Guilty act (actus reas)-Prove beyond a reasonable doubt that the defendant did do the acts alleged-Or that it was a clear step in the commission of a crime3.Guilty mind (mens rea)**** where it gets complicated-Prove that the defendant had the requisite intent to violate the law- intent to do wrong
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