CRJ432/WEEK ONE CRJ 432
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This 6 page Class Notes was uploaded by Kulani Purkey on Sunday September 4, 2016. The Class Notes belongs to CRJ 432 at University of Nevada - Las Vegas taught by Jason Mitchell in Fall 2016. Since its upload, it has received 37 views. For similar materials see Criminal Justice Process in Criminal Justice at University of Nevada - Las Vegas.
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Date Created: 09/04/16
CRJ432 witKulani Purkey Mitchell WEEK ONE BUNDLE - AUGUST 30/SEPTEMBER 1, 2016 Elite Notetaker: Kulani Purkey 08/30/16 LAW T/R 2:30p – 3:45p GUA 2202 PHILOSOPHY CLASSROOM DISCUSSION Just underneath the law are philosophical beliefs... WHAT IS A BAD LAW? WHAT IS CONSIDERED FAIR AND WHAT IS CONSIDERED NOT FAIR? TWO TYPES OF SCHOOL OF LOGIC– CATEGORICAL AND CONSEQUENTIAL. CATEGORICAL:can be described as the ethical equivalent of mathematics; it is the understand that right is right and ethics is law. CONSEQUENTIAL: has an eye out for the greatest good andutilitarian effort; right/wrong is dependent on the outcome; the nature of good/bad is related to the impact it will have - Often times people understand that law is standard.. How do you judge a law? What is the standard that defines a law? - “Justice in the United States is a procedure. It is NOT outcome.” - If you’re pissed off about the outcome that is a moral issue. MORALITY does not equal LEGALITY M L (The two of these concepts can overlap, butwill not in this class.) - Example given in class:Suppose me and another person are standing near a crosswalk meter, waiting to cross Tropicana. We hear and see a blind man coming near, tapping with his stick to navigate his sense of direction. Instead of warning the blind man of the oncoming traffic, my friend and I make a bet.. We each bet $50 that when he gets hit by a car, he’ll fly ___ or ___ amount of feet. When the blind man gets hit, what do we do? We go out and measure the distance to see who wins the bet. - “We might be complete immoral assholes, but we did not break the law. We can also behave morally and break the law.” - When you argue that the outcome should have been different, you’re considering the philosophical side of something far too much. - “Learn to disagree with people without getting offended.” SUMMARY/TO-DO READ CHAPTER 1 FROM REQUIRED TEXTBOOK LOOK OVER SYLLABUS AND ASK ANY QUESTIONS IN CLASS ON THURSDAY CRJ432 with Prof. Jason Mitchell WEEK ONE BUNDLE - AUGUST 30/SEPTEMBER 1, 2016 Elite Notetaker: Kulani Purkey CLASSROOM DISCUSSION JUSTICE IS PROCEDURAL (and u▯litarian). - An outcome can be both just and unjust. - Criminal procedure is mostly a u▯litarian ethical approach..our procedural system is ran with the greatest good and greatest amount of good for others in mind. Can we torture people? Is it just? (interac▯ve discussion from students followed this ques▯on) - Why can’t I? It’s against human ins▯nct and our natural empathy for others. ^ This relates to Kan▯an Ethics or the Kant’s theory which is an example of a deontological moral theory that notes the rightness or wrongness of ac▯ons does not depend on their consequences but on whether they fulﬁll our duty. - If someone states “If I don’t want to be tortured, then I shouldn’t torture someone else”, they are siding with the categorical school of logic (deﬁned in notes from previous lecture). - If someone states “I will torture someone, assuming that they are a threat”, they are siding with the consequen▯al school of logic. - Example given in class: Suppose a man threatens to blow a kindergarten school in the middle of school hours.. He notes that he isn’t going to give up the detonator, so we choose to torture him for the answers. If that doesn’t work, can we result in torturing his child to get what we want out of him and save the lives of the kindergarteners? Are there inherent limits to the u▯litarian system? In the beginning of the situa▯on, some of you are completely ﬁne with torturing him to get answers and save the innocent children’s lives, but torturing his child seems out of the ques▯on.. Why is that? - “Sacriﬁcing freedom for our security. How much liberty are you willing to give up to ensure safety?” DO THE MEANS JUSTIFY THE ENDS...CATEGORICAL VS. CONSEQUENTIAL - Going back to the example given, if you are the one torturing the man responsible for the bomb at the kindergarten, should you be arrested? Why or why not? You ul▯mately did save a room full of children (and a future genera▯on).. Can you only use duress as a mi▯ga▯ng factor for ? r e d r u m CRJ432 with Prof. Jason Mitchell WEEK ONE BUNDLE - AUGUST 30/SEPTEMBER 1, 2016 Elite Notetaker: Kulani Purkey ^ NOTE: Duress is not applicable or able to be used up un▯l homicide. - What if the torturing taking place is out of sight and out of mind? Does that then make it okay to torture the guilty man oﬀ-seas where no one will know or ﬁnd out about it? - What if the man responsible is a U.S. ci▯zen? Does that change the way he gets treated? “I think it’s possible as long as there is due process..Homegrown violent extremists are at an all ▯me high right now.” DO CRIMINALS HAVE PROTECTIONS/RIGHTS? Yes, they do, but the real ques▯on is “SHOULD” they? - Take a look at the ﬁrst ten Amendments.. they protect our freedoms and rights regarding speech, guns, housing, searches and seizures, miranda warning/a▯orney, an impar▯al jury, civil trial, cruel and unusual punishment and states’ rights. ^ So given the ﬁrst ten Amendments,... I can say whatever I want..with a gun..and I don’t have to let you search my house..And if you do arrest me..you must read me my rights and oﬀer me an a▯orney.. you would have to oﬀer me another a▯orney..and are not allowed to punish me in any cruel or unusual way.. So someone can be suppor▯ng the troops who support to protect our rights of the Cons▯tu▯on but might go about that protec▯on and security in a way that doesn’t abide by our Cons▯tu▯on. - When making a statement in this class, consider saying “I get the legal side, but morally speaking...” or “I get the moral side, but legally speaking...” - Criminal procedure in the United States consists of a grand jury, indictment, preliminary hearing, an arraignment/s, and a trial. CRJ432 with Prof. Jason Mitchell WEEK ONE BUNDLE - AUGUST 30/SEPTEMBER 1, 2016 Elite Notetaker: Kulani Purkey CRJ432 with Prof. Jason Mitchell WEEK ONE BUNDLE - AUGUST 30/SEPTEMBER 1, 2016 PROSECUTION DEFENSE Elite Notetaker: Kulani Purkey Case in chief (C.I.C).. Case in chief (C.I.C).. Must prove something They can make two beyond a reasonable decisions.. doubt 1. Nega▯on of the act; “”I did not do it” Has the burden of proof 2. Reasoning of ac▯ons; “I did it, but...” - JUSTICE = DUE PROCESS COMMON LAW AND CASE LAW - It is not enough to just look at a statute. Under our criminal jus▯ce government we consider both the wri▯en statutes and cases related to them. SUMMARY/TO DO - READ CHAPTER 1 FROM REQUIRED TEXTBOOK CRJ432 with Prof. Jason Mitchell WEEK ONE BUNDLE - AUGUST 30/SEPTEMBER 1, 2016 Elite Notetaker: Kulani Purkey SUPREME COURTS ONLY HAVE POWER OVER FEDERAL ISSUES!
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