President johnson wanted to analyze the us justice

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President Johnson wanted to analyze the U.S. Justice system 125. Non-System – commonly used to refer to the Criminal Justice System a. Overlapping jurisdictions b. Private and public agencies etc 126. Police Responsibility– main function to investigate and apprehend those accused of criminal acts 127. Corrections – a broad generic term concerned with the punishment, deterrence, rehabilitation and incapacitation of the offenders through the criminal justice system 128. Adversary System - US Justice System – described as -accused is presumed innocent the burden of proof is on the court… know this 129. Inquisitorial System – assumes guilt of the accused until proven innocent a. Inquiry System – used in some countries – modified inquisitorial system – all participants must cooperate with the court 130. Due Process Model – stresses the possibility of error in the stages leading to trial and emphasizes the procedural rights over system efficiency a. The need to protect the accused person’s rights throughout the justice procedure 131. Crime Control Model – views the repression of criminal conduct as most important, even at the price of certain liberties of the accused 132. Bill of Rights – first ten amendments of the Constitution a. Created to restrict government actions against individuals 133. Before the 1960s there were no guidelines issued by the US Supreme Court relating to individual rights- abuse was common practice 134. 6 th Amendment – gives the accused a right to speedy trial… know this 135. Ratification of the 14 th Amendment in 1868 made due process a constitutional right for all Americans under Federal Law a. Not until the 1960s Supreme Court cases would it become applicable in State proceedings b. A Case which establishes a precedent in due process matters means that it changes our understanding and interpretation of the law 136. “Incorporation” - is the name of the process that extended the due process clause of the 14 th amendment to make the rights guaranteed in the Bill of Rights binding on state governments
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137. Exclusionary Rule applied to State Law enforcement in the case of Mapp vs Ohio in 1961, the 14 th Amendment ensures that constitutional rights apply to all citizens regardless of which state they live in a. Mapp vs Ohio – “Criminal Law Revolution” – in which a series of decisions made by the 14 th Amendment’s due process clause made it applicable to state statues a.i. Mapp vs Ohio overturned a decision made by the Supreme Court 30 years earlier in Betts vs Brady , which stated that due process did not apply to states 138. Chief Justice of the Supreme Court Earl Warren in the 1960s required that the police adhere to strict due process guidelines a. Shifted the attention to procedural rights and Opening the door for more appeals 139.
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