DSST Intro to Law Enforcement

High courts general jurisdiction superior courts or

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High Courts – “general jurisdiction” superior courts or circuit courts can hear any criminal case b.i.1. Empowered by law to hear criminal case whether minor or serious b.i.2. Utilized fact-finding foundation known as “Adversarial Process” b.i.2.a. Adversarial process pits the State’s interest (prosecution) against the defendants (defense lawyer) c. Federal Court System – formed by congress and authorized by the Constitution c.i. Article III, Section I of the Constitution d. Roles of Courts d.i. Adjudicate on matters that are brought before the court, d.i.1. including pre-trial motions, d.i.2. bail hearings d.i.3. criminal trials d.i.4. responsible for sentencing and interpreting constitutional rights d.ii. US Supreme Court – plays an important role in interpreting constitution d.ii.1. Main role is judicial review decisions of lower courts and government agencies d.ii.2. Gideon vs Wainright (1963) suspects were entitled to a lawyer 6 th Amendment even if they could not afford one d.ii.3. Appeals to the US Supreme Court are allowable only if it can be shown that the defendant’s federal Constitutional rights were breached d.ii.4. Also deals with disputes between states and attorney disbarment 65. Criminal Defenses a. Entrapment b. Insanity c. Mistake of fact d. Mistake of law e. Duress f. Consent of victim g. justification 66. Felony – serious criminal offense, punishable by death, incarceration a. Convicted Felons lose: a.i. the right to vote,
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a.ii. Ability to hold office a.iii. Hold certain licenses b. Typically must serve at least one year in State of Federal Prison 67. Misdemeanor – less serious crime, punishable by fines and incarceration no more than a year a. Typically serve time in local facility 68. Civil Law – Tort a. Non-criminal in nature b. Seek restitution rather than punishment c. Including property, business and contract disputes 69. US Law Enforcement – there are approximately 17,000 state, federal and local law enforcement agencies in the US a. Divided into 4 levels a.i. City – municipal police form the largest and most important- account for 72% of law enforcement agencies a.i.1. Have the heaviest burden for serious crime a.ii. County – supplies citizens with police service – Sheriff over 3,100 sheriff’s departments in US a.ii.1. Elected in all but 2 states(Hawaii & Rhode Island), in 37 states their office is constitutional – this makes the position Politically partisan a.ii.2. Responsible for serving court papers, civil summons, and managing security in the courtroom a.ii.3. Law enforcement, courts and corrections a.ii.3.a. 84% of sheriff departments manage the county jail a.iii. State level-law enforcement - responsible for traffic management and criminal investigation statewide a.iii.1. State Police a.iii.2. Highway patrol – enforce traffic regulations and arrest non-traffic offenders a.iii.3. State investigative agencies a.iv. Federal – FBI – role is to a.iv.1. investigate breaches in federal criminal law, a.iv.2. protect against counterintelligence, a.iv.3. investigate, analyze, and neutralize any terrorist threats, and
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High Courts general jurisdiction superior courts or circuit...

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