Criminal Procedure Notes

Topics: Jury, Criminal law, Crime Pages: 5 (1731 words) Published: November 10, 2013
Unit 1 journal
the law is a guideline for human behavior. The law is merely a guideline for human behavior. The study of our justice system should be viewed as a cluster of ideas, principles, and values about which reasonable persons can and do disagree. Judicial opinions construe the constitutionality, meaning, and effect of constitutional and statutory provisions. Most individuals agree that the most basic goal of the criminal justice system is to protect society from crime. Criminal justice professionals are generally oriented toward one of two opposite goal law and order or individual rights. The pragmatic goals include the goal of preventing crime. Organizations have developed standards, which are detailed goals for improving the system. Although the criminal justice system is referred to as a system, it is more accurate to refer to it as a nonsystem. Two important questions regarding the burden of proof in criminal proceedings are: Who has the burden of proving an issue? and, What is the magnitude of the burden?The court system in the United States is based upon the principle of federalism. A dual system of state and federal courts exists today. Appellate jurisdiction is reserved for courts that hear appeals from both limited and general jurisdiction courts. In many states, the appeals from minor courts are heard de novo. The Judiciary Act of 1789 created the U.S. Supreme Court. Jurisdiction is the power of a court to hear and determine an issue. Not all searches are prohibited; only those that are unreasonable. The Fourth Amendment deals with the seizures of both persons and property. The U.S. Supreme Court imposed the Exclusionary Rule on the states in the case of Mapp v. Ohio. The Fruits of the Poisonous Tree Doctrine prevents the use of evidence that is tainted by illegal activities of law enforcement. The Fourth Amendment protects only persons, houses, papers, and effects. A search is a governmental intrusion into an area where a person has a reasonable expectation of privacy. Exceptions to the Fourth Amendment include consent, the Plain View Doctrine, and open fields. A person has no reasonable expectation of privacy in property that the person has abandoned. There is a lesser expectation of privacy when dealing with vehicles. The federal government does not recognize an expectation of privacy in business, financial, telephone, and post office box records.There is a lesser standard of probable cause for inspections and regulatory searches.I have no questions. journal unit 4

the defendent has a choice has a right to choose frm bench or jury 6-12 in jury no deemed number the defendents rights to confront accuser. if charged to see accuser in domestic violence or sexual assult. accused can appear ato own trial. jury selection... there can be less than 12 as long as defence agrees. fellany can serve jury duty on a civil case. person being prolaw reason of challenges for cause. can cross selection each side gets to ask questions opening statements first. procicuter presents his case, cross examine case. defence presents its case. want to make sure all people will show. cross examine by prosicutor and closing statements if ethical say can object on opening case. diff from opening and closing try to show possible cause. also get a hung jury as well. hung jury is its when they cant decide whether the person is guilty or innocent. gag orders can not talk to anyone else. Jury lockdown can not reach media or people. bench trial only judge. public jury made up public people. how to wave jury trial, defent can wave it. petty offencer shoplifting and possesion of alcahol settled by a fine. i currently have no questions. developed the right to councel. right to council effective of councel public defender farce or sham test wavier of council. begins at maranda. right to council at all criminal cases right to council during some cases. allowed in iowa all the time. appointed council assigned be judge. defendamt has no...
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