×
Log in to StudySoup
Get Full Access to UNCC - Class Notes - Week 4
Join StudySoup for FREE
Get Full Access to UNCC - Class Notes - Week 4

Already have an account? Login here
×
Reset your password

UNCC / Criminal Justice / CJUS 1100001 / What is meant by beyond reasonable doubt?

What is meant by beyond reasonable doubt?

What is meant by beyond reasonable doubt?

Description

School: University of North Carolina - Charlotte
Department: Criminal Justice
Course: Foundations of Criminal Justice
Professor: Susan hodge
Term: Fall 2018
Tags: Criminal, Justice, and civil
Cost: 25
Name: Foundations of Criminal Justice Week 4 Day 1 Notes - 9/10
Description: These notes cover the class lecture on September 10th as well as some notes from the textbook! Hope this helps!
Uploaded: 09/12/2018
2 Pages 31 Views 3 Unlocks
Reviews


Foundations of Criminal Justice Week 4 Day 1 Notes - 9/10 


What is meant by beyond reasonable doubt?



I. Criminal Law vs. Civil Law

A. Criminal Law

1. Deals with criminal matters

2. Prosecutor prosecutes on the behalf of the people

a) Example: United States vs. Jones

3. Title refers to the person who brought the suit vs. the other

a) Example: United States vs. Jones

4. Burden of Proof: Beyond a reasonable doubt

B. Civil Law

1. Deals with civil matters

2. Typically between two people or two businesses

a) Example: George vs. Smith

3. First party listed is the party that brings the suit

a) Plaintiff vs. Defendant

4. Burden of Proof: Preponderance of the evidence

Civil

Criminal

Nature of the crime

A private wrong

A public wrong

Burden of Proof

“Preponderance of the

evidence”

“Beyond a reasonable

doubt”

Parties

Individual party

Some level of gov’t charges against an individual

Punishment

Usually money comp., no

incarceration

Jail, fine, prison,

probation, possibly death

Examples

Divorce, child custody, auto accident, etc.

Accused of committing crime


What is the difference between substantive and procedural law?



If you want to learn more check out How does presentism view historical events?

II. Beyond a reasonable doubt

A. Level of proof to determine guilt and punish the defendant with prison, jail, probation, fine, or a combination

B. When, after hearing evidence, jurors have abiding conviction to a moral certainty​ that charges are true

1. Not absolute certainty

2. Can be doubt, but only to the extent it wouldn’t affect a “reasonable person's” belief that the defendant is guilty We also discuss several other topics like What is the shortcut for calculating weight?

III. Preponderance of the evidence

A. 50% plus a feather​ (over 50% chance they did it) test used to determine validity of party seeking damages from another party

1. Typically for money or other legal remedies


What does it mean when you plead nolo contendere?



B. It is often combined with relevancy of evidence to be used as standard for admission of evidence in trial

IV. Substantive and Procedural Law

A. Substantive Law:​ Written law that defines criminal acts

1. Defines crimes like murder, robbery, etc

B. Procedural Law:​ Mechanisms and procedures for processing criminal cases

1. Examples: Search warrants needed for non consensual searches, miranda warnings given, jury selection, etc.

V. Pathway of the Criminal Justice System We also discuss several other topics like How to construct a demand curve?
Don't forget about the age old question of Why is amsterdam built with dykes?

A. The six step process:

1. Report Crime

2. Investigation

3. Arrest

4. Magistrate Hearing

a) Probable cause for arrest determined

b) Charges filed

5. Initial Appearance

a) Attorney appointed for serious offense

b) Bail is set

6. Preliminary Hearing/Grand Jury

a) Determination of probable cause for a trial

VI. Arraignment: Accused is informed by judge of the charges, defendant is advised rights and asked to enter plea

A. Guilty

B. Not Guilty

C. Nolo Contendere: ​Accept penalty for guilty plea without admitting guilt VII. Trial: Acquittal (not guilty) or guilty

A. Sentencing: Judge decides punishment

1. Except in death penalty where there will be an appellate review B. Appellate Review​: Defendant right to appeal, appeals court does not have to review We also discuss several other topics like In economics, what are the natural resources?
If you want to learn more check out Jean-jacques lequeu is the author of what?

1. Except in death penalty where there is an automatic review

Page Expired
5off
It looks like your free minutes have expired! Lucky for you we have all the content you need, just sign up here