first week of criminal justice notes
first week of criminal justice notes Criminal justice 220
Popular in Courts and the prosecution process
Popular in Criminology and Criminal Justice
This 4 page Class Notes was uploaded by sydney emershaw on Monday February 8, 2016. The Class Notes belongs to Criminal justice 220 at Pennsylvania State University taught by Mary Ann Probst in Winter 2016. Since its upload, it has received 21 views. For similar materials see Courts and the prosecution process in Criminology and Criminal Justice at Pennsylvania State University.
Reviews for first week of criminal justice notes
Report this Material
What is Karma?
Karma is the currency of StudySoup.
You can buy or earn more Karma at anytime and redeem it for class notes, study guides, flashcards, and more!
Date Created: 02/08/16
Criminal justice ● Court unit of the judicial branch of government authorized by statute or constitution with one or more officers who have the power to decide cases, controversies and dispute matters of fact ● Adjudication a process whereby a court arrives at its own decision regarding a case (criminal or civil) ● Federalism system of government power divided between central body constituent units ○ Dual court system between state and federal government ■ States to have individual power ● Cooperative federalism blurring of lines between federal and state systems Terms in a court system ● Origin of law ○ Common law law origination from usage rather than a written statute ○ Precedent legal concept ensures previous decisions have authority and are considered and incorporated into future cases ○ State decisis “stand by the things decided” the practice of adhering to precedent Laws today ● Protects rights of individuals presumptions, constitutional and adversarial ○ Presumptions ○ Conclusive presumptions everyone agrees ○ Rebuttable presumption can be argued ○ Presumption of innocence innocent until proven guilty ● Constitutional ○ 4,5,6,8,14 ○ Substantive due process (legal) ○ Procedural due process (how to get there) ● Adversarial ○ Two parties competing interests working against a eachother to determine the truth Definition of crimes ● Mala in se inherently bad (evil, harmful) ● Mala in prohibitum bad by law ● Crime an act or omission that violates a statute enacted by the proper authority Categories of crime ● Felonymost serious; punishable by more than one year incarceration ● Misdemeanors less serious; punishment of less than one year ● Summary fine, probation or incarceration less than 90 days Elements of a Crime ● Prosecution has the burden to prove every element of a crime beyond a reasonable doubt ○ Actus rea act ○ Mens rea intent ○ Concurrent of intent and physical act ○ Causation Court control ● Who control the courts ○ Legislative ○ Executive ○ Higher courts ○ Interest groups ○ Citizens ○ Within the system Legislative control ● 2 types direct and indirect ● Direct control constitutionally authorized ○ Creates, establishes rules and limits the jurisdiction of the courts ● Indirect control confirm judicial appointees (federal) and establish their budgets ○ Senate determines who becomes federal judge even though the president officially appoints jurisdiction ● The authority of a court to resolve a dispute or person or subject matter it is defined by statute or constitution ○ Types or jurisdiction ■ Geographical ■ Subject matter ■ Hierarchical ■ Original ■ Appellate Executive ● Federal levelappointment of judges ● Department of justice will prosecute individuals who violate federal laws Higher court controls ● 2 mechanisms ○ Jurisdictional authority authority of a higher court to issue a decision which is binding on a lower court ○ Rule setting ■ Administrative function ■ Administrative office Pennsylvania court (AOPC) ■ Administrative office United States Court (AOUC) ● Federal judges have lifetime appointment Interest groups ● Interest groups a group whose mission is to influence political decisions and policy ● PACs NRA,MADD,SADD ● Can have input on cases by submitting amicus curie briefs ○ A friend of the court written document submitted to attempt to sway the outcome of the court to rule in favor of the party they support ● Citizensmajor way to influence the court is a vote From within ● Courtroom workgroup consists of: ○ Judge, district attorney, defence council ○ How control occurs ■ Informal rules of court ■ Daily contact ■ Learn what judges will do in certain cases ● Judge can influence control via ○ Judicial restraint (decide case, decide motion) ○ Judicial activism (ignore what case says from the other court and the judge does ther own thing)
Are you sure you want to buy this material for
You're already Subscribed!
Looks like you've already subscribed to StudySoup, you won't need to purchase another subscription to get this material. To access this material simply click 'View Full Document'