CJ 100 week 2 notes
CJ 100 week 2 notes CJ 100
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This 2 page Class Notes was uploaded by Conner Jones on Sunday September 4, 2016. The Class Notes belongs to CJ 100 at University of Alabama - Tuscaloosa taught by Douglas Klutz in Fall 2016. Since its upload, it has received 36 views.
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Date Created: 09/04/16
CJ 100 week 2 notes August 31, 2016 More amendments th 5 amendment – Habeas corpus: “fundamental safeguard for individual freedom against an arbitrary government” right to remain silent Miranda rights – does not have to be read right after arrest, you can ask “officer am I being detained or am I free to go?”, you also have to be read Miranda rights before potentially incriminating questions Cant testify against yourself in a court of law Salinas v Texas – if you start answering questions then suddenly stop, your silence can be used against you in court Exigent circumstances – if officer/public safety comes into question Miranda rights don’t necessarily have to be read Double jeopardy doctrine – cannot be tried for the same crime at the same level of court twice Grand jury process – preliminary check before trial starts to decide whether or not there is probable cause and sufficient evidence Indictment – formal notice of what you’re being charged with Due process – overall fairness in the criminal justice system (only for federal criminal cases) 6 amendment – right to a fair trial speedy trial doctrine – now its backlogged so much but it was intended to make trial happen within months of crime public trial – everyone has the right to a public trial, exceptions military, grand jury trials 7 amendment – guarantees the right to a jury trial in civil suits involving $20 or more only amendment that pertains solely to civil law 8 amendment – protection against cruel and unusual punishment Furman v Georgia – application of death penalty is inconsistent, supreme court said you have to be consistent with capital punishment Protects us against excessive fines and excessive bail Bail v. bond Bail – temporary release of an accused person awaiting trial, sometimes on condition that a sum of money be lodged to guarantee their appearance in court, the person gets money back if they do what they’re supposed to do Bond – dealing with a third party (not directly relating with court) September 2, 2016 9 amendment – protects our un enumerated rights (rights that aren’t directly written down) o right to privacy 10 amendment – separation of state v federal powers, any rights not specifically enumerated to federal government are given to the states. other laws th 14 amendment – due process clause (no state shall deny a person of life, liberty, property without due process of law), equal protection clause (regardless to race, ethnicity, etc. you are equally protected under the bill of rights) Bills of Attainder o constitution prohibits congress from passing bills of attainder (declaring people guilty of a crime in the absence of a trial) Ex post facto laws o you’re protected for any act that was not criminal when committed important cases Schenck v. United States (1919) – Schenck mailed out letters to people against the military draft o court said it established “clear and present danger test” o falsely shouting fire in a crowded theatre Brandenburg v. Ohio – government can’t punish inflammatory speech unless that speech is directed to incite imminent lawless action o Brandenburg Test: Intent – mens rea: the guilty mind, was the person trying to cause harm Imminence – time proximity, how likely was the speech to cause a riot right then and there Likelihood – how likely was the speech to cause imminent and lawless action (was speech in front of a few people or thousands of people)
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