CRJU 101 Notes for Exam #1
CRJU 101 Notes for Exam #1 CRJU 101
Popular in Criminal Justice in America
Popular in Criminology and Criminal Justice
This 3 page Class Notes was uploaded by jdadams on Sunday September 11, 2016. The Class Notes belongs to CRJU 101 at University of South Carolina - Columbia taught by T. Clement in Fall 2016. Since its upload, it has received 87 views. For similar materials see Criminal Justice in America in Criminology and Criminal Justice at University of South Carolina - Columbia.
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Date Created: 09/11/16
Steps in a Criminal Case Thursday, September 1, 202:52 PM • Before you can have a crime, there has to be a law. If there's no law, there's no crime. • That law has to be written down somewhere and accessible to you. • There has to be some act that violates that law. • 2 general types of crimes ○ Mala Se Crimes § Evil § Most society agrees on these crimes § Killing, Raping, etc. ○ Malum Prohibitum Crimes § Only crimes because the action is prohibited § Not immoral § Stopping at a stop sign/stop light • Some type of investigation ○ Has to be a suspect ○ They have to know you did the crime ○ Quick investigations ○ Murder cases ○ They have to develop you as a suspect • Decision making ○ Arrest or not? ○ Little facts and a weak case, you may not get arrested ○ When they decide to arrest you, they have to go about it in a certain way § Must be probable cause to arrest you □ Facts that crime was committed and you were involved □ Take all evidence lawfully ® Terry vs. Ohio ◊ 3 guys are walking up and down the street on a Sunday ◊ Stores are closed on Sundays ◊ Walking in front of a shop and looking in and talking ◊ They go back and forth looking in the same shop ◊ Cop is watching the whole time ◊ Cop thinks they are trying to burglarize the place ◊ Walking in front of a shop and looking in and talking ◊ They go back and forth looking in the same shop ◊ Cop is watching the whole time ◊ Cop thinks they are trying to burglarize the place ◊ Cop goes and talks to the guys ◊ He pats them down and finds a weapon of 2 of them ◊ Charges them with unlawful possession of a weapon ◊ Asks them some questions ◊ Arrests them for unlawful possession of a weapon ◊ Third guy gets let go ◊ Terry goes to trial Claims that unlawfully searches him and that the ◊ gun should be suspended from the case ◊ Supreme court says that when law enforcement has reasonable suspicion of crime to happen, law enforcement has the right to pat down outer clothing to see if there is possession of a weapon ◊ Court said that if there is reasonable suspicion of a crime then they can pat down for a weapon □ Law enforcement should let you know that you're being arrested ® Can hold you for 48 hours without a specific charge ® Once you are arrested, you have your first appearance (first time you go in front of judge since arrest) ◊ Bond court ® Preliminary hearing ◊ Not everybody gets one ◊ Magistrate judge ◊ Prosecution will prove they had probable cause to arrest you in the first place ◊ If judge believes there is probable cause, the case keeps going ◊ If not, the case is suspended □ Accurately tell what happened (document the circumstances of the arrest) ® "beard" vs. "braids" story • Facts vs suspicion • "Don't let anybody tell you "you are not good enough." You want something, □ Accurately tell what happened (document the circumstances of the arrest) ® "beard" vs. "braids" story • Facts vs suspicion • "Don't let anybody tell you "you are not good enough." You want something, go after it. Understand?"
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