Week 2 notes
Week 2 notes Crim 432
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This 2 page Class Notes was uploaded by Shintia Riva on Sunday September 4, 2016. The Class Notes belongs to Crim 432 at Pennsylvania State University taught by : Lecinda Yevchak in Fall 2016. Since its upload, it has received 3 views. For similar materials see The Courts in CRIMINOLOGY at Pennsylvania State University.
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Date Created: 09/04/16
Crim 432 08/30/16 Legal Basis for the courts The role of the Courts in Criminal Justice today Adjudication: encompasses a judge’s (or a panel of judges) decisions at any stage of the criminal or civil process, from the pretrial process through the trial and appellate proceedings. It determines who is and is not guilty Oversight: Oversees operation of criminal justice officials (e.g. police officers) Main functions of the Court system Upholding the law (crime control) o Police arrest people for violating criminal codes o Prosecutors decide which arrestees to charge o Courts determine if arrestees should answer for their actions Crime- Arrests- Initial appearance (due process)- Charging mechanism (Grand Jury or preliminary hearing)- Arraignment (Plea)- no plea leads to trial- Sentencing-Penalty (Appeals) Protecting individuals (due process) o Presumptions exist to ensure protection for everyone who comes before the courts Presumptions A presumptions is a fact assumed to be true under law o Conclusive presumptions o Rebuttable presumptions Presumption of innocence Every person charged with a crime is assumed, in advance, to be innocent Both a presumption of law and a rebuttable presumption Adversarial: Two sides arguing for opposite purpose Laws comes from: Case laws - Legislative Constitutional law - Indirectly Statues/ Laws - Directly Administrative Regulations Constitutional rights: Due process o Fourteenth Amendment o Substantive due process Protecting substantive rights o Procedural due process Presumption of innocence The Bill of rights- four most relevant amendment in the criminal justice context The fourth amendment o Freedom from unreasonable search and seizure, requirements guiding the warrant process The fifth amendment o Grand juries are necessary o Protecting against self-incrimination and “double jeopardy” The sixth Amendment o The right to a speedy and public trial, impartial juries, compulsory process and counsel. The eight amendment o Protecting against cruel and unusual punishment o Protection against unreasonable bail
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