Into to Justice Sys #2 (part 1)

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Into to Justice Sys #2 (part 1)
2013-03-17 21:15:14
Into Justice Sys part

Into to Justice Sys #2 (part 1)
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  1. Due Process
    asserts fundamental principles of justice and implies the administration of laws that do not violate the sacredness of private rights
  2. Inquisitorial System
    a system in which the accused is considered guilty untill proven innocent
  3. Adversarial System
    • a system in which the accused is considered innocent until proven guilty
    • the burden of proff is placed on the court
  4. First Amendment
    freedom of speech
  5. Second Amendment
    right to bear arms
  6. Third Amendment
    People do not have to house soldiers in their homes
  7. Fourth Amendment
    Right to no unreasonable search and seizures
  8. Fifth Amendment
    Don't have to incriminate yourself
  9. Sixth Amendment
    • Speedy trial
    • impartial jury
  10. Seventh Amendment
    Trial by jury
  11. Eigth Amendment
    No cruel or unusual punishment
  12. Ninth Amendment
    People are not specifically enumerated under the Constitution
  13. Tenth Amendment
    Power is reserved for the people
  14. Mapp vs. Ohio
    Supreme Court declared that both the 4th Amendment's prohibition of unreasonable search and seizures and the exlusionary rule are applicable to the states
  15. Substantive Law
    the content or subject matter of a law
  16. Procedural Law
    concerned with the notice, hearing, and other procedures that are required before the life, liberty, or property of a person may be taken by the government
  17. Void for Vagueness
    protects people against unreasonable, arbitrary, or capricious laws or acts of government
  18. Two ways Pre-Arrest investigations are initiated
    • 9-1-1 call
    • on going surveillance
  19. Arrest
    • the action of taking a person into custody for the purpose of charging them with a crime
    • must have probable cause
  20. Field Stop/Detention
    temporary investigative detention
  21. Booking Process
    • an administrative process
    • photo taken
    • finger printed
    • medical history taken
    • person is searched again
    • paperwork is filled out
    • property get inventoried
  22. Initial Court Appearance
    • Lower level
    • Judge comtemplates flight risk
    • assigns court date
    • sets bond amount
    • critically reviews if there was probable cause for the arrest 
    • informs arrestee of rights
  23. Preliminary Hearing
    • Higher level judge
    • gathering of information
    • determine whether a crime was committed
    • determine whether the evidence is sufficient
    • existance of probable cause for arrest?
    • set bail
  24. Grand Jury
    • not trail jury
    • larger than trial jury
    • hear evidence and decide if there was probable cause
    • decide whether to endite or not indite
  25. Things to consider during a Jury Selection
    • defendant has right to have bench or jury trial
    • no jury trials in juvenial court
    • 12 members on a jury, can be as few as 6
    • get jurers from voter registration lists, DMV list and tax records
    • random sample sent summins to report for duty
    • jury interview and eliminations to select final 12
  26. Stages of a trial
    • opening statements: summary of what each side will do
    • presentation of evidence: call witnesses & experts
    • presentation of defense's case
    • rebuttal: introduction of new evidence
    • closing remarks: defense has last word
    • charging the jury: legal instrictions are given to the jury
  27. Sentencing
    • break is taken to think about trial
    • previous record of ciminal is taken into account
    • was the defendant cooperative or combative during the trial?
    • group offense -> level of involvement
    • crime done for profit or financial gain?
    • sentencing grid
  28. Pardon
    forgiveness for the crime that was committed
  29. Reprieves
    delays tht execution of a sentence
  30. Commutations
    reduces a sentence to a less severe one