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by: Alexandra Long

SOC354:Foundations SOC 354

Alexandra Long
GPA 3.76

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About this Document

These notes cover a portion of what is on Exam 1
Law Enforcement and Society
Bradley Hurst
Class Notes
Law Enforcement and Society
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This 2 page Class Notes was uploaded by Alexandra Long on Sunday March 27, 2016. The Class Notes belongs to SOC 354 at Colorado State University taught by Bradley Hurst in Spring 2016. Since its upload, it has received 6 views. For similar materials see Law Enforcement and Society in Sociology at Colorado State University.


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Date Created: 03/27/16
FOUNDATIONS ▯ BRANCHES OF GOVERNMENT ▯ Legislative-makes the law. ▯ Executive-enforces the law. (The police belong to this branch.) ▯ constitutional, and also if the government/police followed proper procedure. ▯ Two Types of Law ▯ Substantive law=laws that prohibit certain behaviors, such as murder. Created by the legislative branch. ▯ Procedural law=court rulings/case law that establishes procedures the police, attorneys must follow. The Miranda decision is an example. Created by the ▯udicial branch. DUE PROCESS ▯ 5 Amendment No person shall be deprived of life, liberty, or property without due process of law. 14 Amendment Nor shall any state deprive any person of life, liberty or property without due process of law. ▯ ▯Due Process”=proper procedure, access to the courts. You can’t be executed, imprisoned, ▯ined, or have your property con▯iscated except after a fair court proceeding conducted according to proper legal procedure. Do these statements say we’re entitled to any particular outcome as a result of hearings/trials? Said another way, does the Constitution guarantee justice (depending on what you mean by that term!)? NO, IT DOESN’T. IT ONLY REQUIRES CERTAIN PROCESSES BE FOLLOWED- CERTAIN LEGAL STANDARDS BE APPLIED IN ALL CASES. Does our system sometimes dispense injustice? Are innocent people sometimes convicted? Are guilty people sometimes acquitted? Do the courts sometimes rule against the wishes of the majority of citizens? Absolutely. Because it is operated by fallible, even sometimes corrupt human beings-cops, lawyers, judges, & juries. ▯ 1 LEGAL THRESSHOLDS ▯ Justi▯ies an investigatory stop. le of▯icer standard) ▯ Def: has committed, is committing, or is about to commit a crime. suspect a person ▯ Reasonable suspicion is less than probable cause, and therefore not adequate ▯o justify an arrest. ▯ ▯ ▯ ▯ ▯ ▯ 2. Probable Cause (Reasonable person standard) ▯usti▯ies search/arrest Def: crime was committed and that the suspect committed it. erson to believe that a ▯ Probable cause is more than reasonable suspicion, but less than proof beyond ▯ reasonable doubt, and therefore not adequate to obtain a conviction. ▯ 3. Proof Beyond a Reasonable Doubt (Reasonable person standard) ▯usti▯ies a conviction. Def: ▯easonable doubt=doubt to which the jury can ascribe legitimate reason. ▯ ▯ ▯ ▯ Reason▯ble doubt is more than probable cause. 2


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