Evidence, Search, and Seizure- CJ 433- Chapter 1-2 Notes- Week 1
Evidence, Search, and Seizure- CJ 433- Chapter 1-2 Notes- Week 1 CJ 433
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This 2 page Class Notes was uploaded by Chelsey Smith on Friday August 26, 2016. The Class Notes belongs to CJ 433 at University of Southern Mississippi taught by Robert Whitacre in Fall 2016. Since its upload, it has received 57 views. For similar materials see Evidence Search & Seizure in Criminal Justice at University of Southern Mississippi.
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Date Created: 08/26/16
CJ 433 Evidence Search and Seizure August 24, 2016 Chapter One Historical Evolution of Evidence Trial by Combat; Presentment Juries citizens gave information that crimes had been committed; Magna Carta (1215) established by King John in which access to swift justice as trial upon a jury of peers took place and guilt was proven by evidence; Habeas Corpus “bring the body before the court” used to review the legality of a person’s arrest and holding in jail USA rights are inherent constitution bill of rights Amendments that Affect Evidence 4 secure against unreasonable searches and seizures probable cause 5 double jeopardy cannot witness against themselves life, liberty, or property will not be taken without due process of the law 6 rights to criminal defendants speedy and public trial impartial jury right to know who the accusers are and the nature of the charge th 8 th hibits excessive bail/ fines or cruel and unusual punishments 14 granted citizenship to all persons born or naturalized in US expanded protection of civil rights to all Americans due process Chapter Two The American Criminal Court System 51 different systems are present and working in US (each state and federal system) Jurisdiction Personal Jurisdiction authority to make decisions about a person Geographic Jurisdiction courts power over events and persons within the bounds of a geographic territory Subject Matter Jurisdiction authority of a court to hear a certain case type Appellate Jurisdiction power of a higher court to change/ overrule the ruling of a lower court Preliminary Hearings probable cause standard 51%, reduce bonds, no rules of evidence, hearsay is admissible District Attorney presents indictment to grand jury Arraignment the formal reading of criminal charges documented in the presence of defendant Pretrial Motions these are used for discovery, compel, change of venue Brady V Maryland 1963 prosecutor must disclose all favorable evidence to the defendant protecting due process Jury Selection voir dire determines if any juror is biased and cannot deal with the issues fairly challenge for cause preemptory challenges Trial prosecution burden of proof
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