LS 170 Week 2
LS 170 Week 2 LegalSt 170
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This 4 page Class Notes was uploaded by Brianna Alleyne on Monday September 5, 2016. The Class Notes belongs to LegalSt 170 at University of California Berkeley taught by Richard Perry in Fall 2016. Since its upload, it has received 15 views. For similar materials see Crime and Criminal Justice in Legal Studies at University of California Berkeley.
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Date Created: 09/05/16
August 29, 2016 ● Ch. 1 ○ First amendment was about being whatever Christian you want to be originally ○ 1881 Washington met with Rhode Island about including Jews in the Constitution ○ Each state has their jurisdiction power ○ 4th circuit was broken up and produced the 11th circuit due to them believing the 4th circuit was too powerful ○ Texas has killed the most amount of people (due to death penalty) since 1873 while California hasn’t killed anyone ○ California is a huge state with 4 smaller districts ○ August 17th California can legally sell marijuana in the state but can be sued federally ○ Native American may have criminal legal jurisdiction to a case if they have big enough people. Some small tribes don’t have enough people so they don’t have civil legality ○ Military, Native American reservation, airports are under federal jurisdiction ○ Rodney King trial ■ Conflicting sovereignty ● California tried the police officers on criminal charges and was acquitted ● Supreme court tried them on same charges and they were charged ● California then tried them on civil charges and won ○ Louisiana ■ Have both US and French Law ○ 9th circuit has 28 judges while 6th circuit has 6 judges ○ Everyone wants a bench trial than a jury trial ○ Districts are trial districts August 31, 2016 ● Magistrate judges have 4 year terms ● Other court judges have life term ● Most big lawyers don’t go to court ● Supreme has courts where they can determine their status September 2, 2016 ● Background to American Constitution ○ Torture was expected in the criminal procedure in England back in the days ○ Massachusetts didn’t have a court so people had to argue their own case ○ 1621 England had their own civil war which lead to the beheaded of the king ■ Europe had a 30 year war that lead to many people dying ○ Navy was responsible for water and had jurisdiction so they could hang any pirates or anyone who committed a crime at sea ○ 1787 Constitution is supposed to symbolize new world ■ Had greek buildings to symbolize a new “Greek world” ○ Went from territorial based society to rights society ○ Crime arose and had to be given to God to be responsible for it ○ US Supreme Court is the only court established by the Constitution and then received powers to create others ○ Europe has created a court system to model the US but not the same power and rights ■ Most Europeans don't know who the judges or supreme court judge is ○ US Criminal Rights are broken to precivil war and postcivil war ■ 6th right to jury trial ○ Warren procedural justice ■ Miranda vs. oregon ■ Early 40s to mid 70s ■ Named after warren who locked up Chinese ■ Former prosecution and showed best process to get people to confess for crimes ○ Exclusion rules ○ Southern states wanted to give people less due process rights ■ Can’t collect blood without warrant ● Ch.1 ○ Rochin v. California ■ Issue ● Petitioner’s conviction has been obtained by methods that offend the due process of law ■ Facts ● 3 deputy sheriffs entered Rochin open door house due to “ some info he was selling narcotics” ● They broke into his bedroom door and saw 2 capsules by Rochin bed and Rochin quickly swallowed them ● Police officers tried to get it out, couldn’t so he was sent to hospital and they stomach pumped him ● Was brought to trial on charge of possessing a preparation of morphine and he was convicted and sentenced 60 days ● District court of appeals affirmed conviction even though obtained it illegally ○ Model codes ■ American Law Institute and recommends codes for best law practices ○ Habeas Corpus ■ Thou has the body? ■ Show us why you have the suspect ○ 4th amendment ■ Secure and seizure are unreasonable without probable cause ○ Terry vs. Ohio ■ Stop and frisk ● They have to have reasonable suspicion to stop you ○ Colander vs. Mahaoya (California) ■ You don’t have to always carry license ■ Can’t be arrested if can’t provide license in California ○ 5th amendment ■ Inditement by jury ■ Grand jury ● 1723 people who don’t talk to witnesses and just look at evidence ● Secret ● Inditement happens 80100% of the time ● Used to be shield but become a sword ■ Petty ● Public Discussion Critical Reading ● Be engaged with reading ● Identify arguments and underlying assumptions ● Weigh the arguments ● Understand the reading, doesn’t necessarily have to criticize ● 4 steps ○ Skim/Preview reading ○ Begin read and notes ○ Go back and review written notes ○ Respond to text Substance vs. Process ● Substance ○ What is crime ○ Factual evidence ○ Definition ○ Punishment ○ (often look in penal codes) ● Process ○ How do you get convicted procedural Flow Chart ● 4 basic steps into and thru the system ● Entry into system Prosecution/ Adjudication Corrections Pretrial Starts with crime Anything before Trial Post conviction Suspect trial Sentencing arrest appeal ●
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