criminal justice unit 3 discusson board

Topics: Criminal law, Law, Fourth Amendment to the United States Constitution Pages: 5 (1259 words) Published: September 10, 2014
Elizabeth Prest
Foundations of Criminal Justice Systems: CRJS101 - 1404A – 09 Unit3 - Individual Project
September 8, 2014

Here in the United States the law is derived into four sections. These four sources are constitutional law, statutory, administrative regulatory law, stare decisis, and the common law. These four laws combined makes criminal law. Constitutional law consists of state, namely, executive, legislature, and judiciary branches of government. Statutory laws are subordinate to the higher constitutional laws of the land. Statutes may originate with national, state legislatures or local municipalities. However, stare decisis, the principle that similar cases should be decided according to consistent principled rules so that they will reach similar results, lies at the heart of all common law systems. A common-law crime is one punishable under common law, as distinguished from crimes specified by statute. In many U.S. jurisdictions, including some in which comprehensive criminal statutes have been enacted, the common law in relation to crimes and criminal procedure has been recognized by the courts as in force, except insofar as it has been abrogated or repealed, expressly or impliedly, by statute. Thus the state may prosecute crimes that were indictable at common law even though they may not be denominated as such or be provided for by statute. Common types of warrants in criminal cases include arrest warrants and search warrants. An arrest warrant is usually designed to detain a person who is suspected of committing a specific crime. By and large, an arrest warrant is granted when probable cause supports that a crime has been committed by the person listed in the warrant. If a defendant fails to make an initial appearance in court after a citation has been issued, the court may issue an arrest warrant known as an alias warrant. For instance, if a defendant does not show up in court after being summoned on a speeding ticket charge, the court may hand out an alias warrant for the defendant’s arrest. Another kind of arrest warrant, known as a bench warrant, is sometimes issued to a defendant who fails to make his or her next scheduled court appearance. In civil cases, there are several different types of warrants. For example, if a plaintiff is seeking monetary relief from a defendant, the plaintiff may file a civil warrant in debt. A warrant in detinue can be used by a plaintiff who wishes to recover personal property wrongly obtained by a defendant. Generally, civil warrants are used for small claims court actions, and they require basic information, like the defendant’s name and address as well as the claim amount and basis. Usually, a plaintiff must pay filing and sheriff fees in order to serve the warrant on the defendant. Other types of warrants that are frequently used in the United States are federal and state warrants. A federal warrant is usually issued by a federal judge or magistrate in a criminal case after a federal attorney or law enforcement officer has presented a statement of facts in support of the warrant. State warrants typically allow for arrest of an individual in a criminal case, and they are usually granted by or on behalf of a state. Probable cause is the legal standard by which a police officer has the right to make an arrest, conduct a personal or property search, or obtain a warrant for arrest. While many factors contribute to a police officer’s level of authority in a given situation, probable cause requires facts or evidence that would lead a reasonable person to believe that a suspect has committed a crime. The precise meaning of probable cause and how it is met can be explained as: The total information of what police have heard, known or observed as trained officers. Probable cause will not lie down unless the facts supporting the warrant are asserted by the officer as true to the best of his or her knowledge. The officers have the right to search in the case of plain-view...

References: http://www.lawteacher.net
(Maryland v. Buie, supra; People v. Dyke (1990) 224 Cal.App.3rd 648, 661; People v. Block (1971) 6 Cal.3rd 239.)
http://nationalparalegal.edu/conlawcrimproc_public/ProtectionFromSearches&Seizures/ExclusionaryRule.asp
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