unit 1.3

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  1. define federalism
    a dual system of government
  2. define due process of law
    the process of assuring fundamental fairness in the application of criminal justice
  3. define probable cause
    the facts and circumstances which would lead a reasonable person to believe that a condition exists that justifies the action to be taken
  4. define proof beyond a reasonable doubt
    the accusers guilt must be established to the point that the facts proven must by virtue of their probative force established guilt
  5. define preponderance of evidence
    where there is more likelihood of an event than there is doubt
  6. describe the principle of factual guilt plus legal guilt
    this term means that the accused did in fact commit the crime or act in question, or there is substantial evidence of proof beyond reasonable doubt that the accused did so
  7. state the three components of legal guilt
    • -was the accused property treated in being brought to justice
    • -was he or she given his or her procedural right
    • -was due process adhered to
  8. contrast the crime control perspective with the due process prospective
    • -the focus of the crime control on factual guilt and speedy processing of accused through the system vs. the accused is afforded the proper constitutional and civil rights
    • -a crime control perspective tends to view the offenders as guilty until proven innocent vs. emphasis is placed on following proper procedures
    • -"assembly line justice" vs. "obstacle course justice" (because of the number of "technicalities" built into the system
  9. define civil rights
    the rights and privileges afforded all persons in society by the legislative acts of congress, the state and local ordinances
  10. state the language of 42 U.S.C. 1983
    every person who, under color of any statute, ordinance, regulation, custom or usage, of any state or territory, subjects or causes to be subjected any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the constitution and laws, shall be liable to the party in an action at law, suit in equity, or other proper proceeding for redress
Card Set:
unit 1.3
2014-04-28 03:27:47
philosophy and principles of the American justice system
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