DSST Criminal Justice

Know what the magistrate does d roles of courts di

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know what the magistrate does 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. U.S. Supreme Court – highest court in the nation - plays an important role is judicial review in interpreting constitution d.ii.1. Has jurisdiction over federal appeals court, state court of appeals, District Court of appeals, and the Supreme court of Puerto Rico d.ii.2. Main role is judicial review decisions of lower courts and government agencies d.ii.3. Gideon vs Wainright (1963) suspects were entitled to a lawyer 6 th Amendment even if they could not afford one…. k now this d.ii.4. 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.5. Also deals with disputes between two states and attorney disbarment, and matters relating to ambassadors
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d.ii.5.a. Has 9 justices who are named by the President that must be confirmed by the Senate d.ii.5.b. One chief justice and eight associates, nomination is for a lifelong term d.iii. Writ of Certiorari – issued when at least 4 Supreme Court Justices decide (called the Rule of Four) that a case has merit for consideration, the writ of certiorari is issued so that the High Court can review the full record of the case and make its final decision d.iii.1. Supreme court can affirm a case, uphold the lower court’s decision or reverse the case d.iii.2. If the Supreme court decides to remand a case to the original jurisdiction, it only means the judgment wasn’t correct and needs to be redone, not to let free the offender d.iv. Marbury vs Madison in 1803 – established power to review acts of Congress and declare invalid those it found to be in conflict with the U.S. Constitution…. know this d.v. Powell vs Alabama in 1932 – overturned a decision that found eight black men guilty of rape, because the court did not provide legal counsel d.v.1. Also the speedy trial without adequate legal counsel found to be in conflict with the 14 Amendment’s due process clause 64. US Courts Jurisdiction a. Limited jurisdiction– also called special jurisdiction, and LOWER courts, deal with misdemeanors , rarely hold jury trials a.i. Have no authority in felony or appellant cases a.ii. Over 90% of criminal cases in some way deal with courts of limited jurisdiction a.iii. Usually do the pretrial processing for felony cases to be passed along to other courts b. General jurisdiction courts called HIGH courts, Superior Courts or Circuit Courts, can hear any criminal case b.i. Fact finding foundation known as adversarial process which pits the State’s interest against the Defendants defense counsel b.ii. The way criminal trials are conducted, strict rules and procedures b.iii. Major trial courts in US are courts of general jurisdiction, can try and decide cases, including appeals
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know what the magistrate does d Roles of Courts di...

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