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| Defendents are entitled to a trial by jury for all cases which may may... |
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| result in imprisonment of more than 6 months |
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| At the close of the trial, before deliberations, jurors are told to consider only the facts presented, not to consider evidence of testimony that they were told to disregard, and apply facts to law. |
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| Apply facts to law, have discretion in interpretation, consider only facts presented in court, and consider only information admitted by the judge. |
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| conducting their own investigations |
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| The most important restriction on what a jury can consider in establishing the facts of a case |
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| considering a defendants failure to testimony |
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| requires a unanimous jury |
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| if a jury is unable to reach a unanimous verdict... |
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| prospective jurors are questioned under oath by the attorneys and the judge to help determine their appropriateness to sit as a juror |
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| Sets precedent for all other courts |
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| The legal process of resolving a dispute. The formal giving or pronouncing of a judgment or decree in a court proceeding; also the judgment or decision given. The entry of a decree by a court in respect to the parties in a case. It implies a hearing by a court, after notice, of legal evidence on the factual issue(s) involved. The equivalent of a determination. It indicates that the claims of all the parties thereto have been considered and set at rest |
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| procedural justice that is due to all persons whenever they are threatened with the loss of life, liberty, or property at the hands of the state. Essentially a set of instructions informing agents of the state how they must proceed in their investigation, arrest, questioning, prosection, and punishment. Ensure that people are treated justly by the state. |
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| The Constitution and the Bill of Rights were written.. |
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| specific so that judges would have no room for interpretation. |
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| Adjudication and Oversight |
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| 3 irreducible elements of the rule of law |
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1. A nation must recognize the supremacy of certain fundamental values and principles
2. these values must be committed to writing
3. a system of procedures holding the government to these principles and values must be in place |
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| Packer's Crime Control Model |
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| Obstacle course, slow, protect defendants rights |
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| Chart for Crime Control Model |
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| Assembly Line, Controlling Crime, efficiency speed & finality, informal screening by police and ivestigator, factual guilt |
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| Chart for Due Process Model |
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| obstacle course, protecting rights of defendants, reliability, formal adversial prosecution, legal guilt |
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| Guards against unreasonale searches and seizures |
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| Protects from double jeapordy |
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| Indigent defendants don't qualify for court appointed council when... |
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| they are only sentenced to pay a fine.. |
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| criminal law, forbids the passage of laws that infringe on the substantive rights of individuals such as the rights to free speech and assembly because such rights are fundamental and necessary for ordered liberty. |
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| justices interpreted the due process clause of the 14th amendment as prohibiting states from abridging certain individual rights. |
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| civil laws, preponderance of evidence |
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Crime is an
1. Act in violation of a
2. criminal law for which a
3. punishment is prescribed; the person committing it must have
4. intended to do so, and to have done so without legally acceptable
5. defense or justification
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| Number of Supreme Court judges required to hear a case.. |
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| professional courtroom actor, must posess credentials, take complicated matter and simplify for jury |
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| how are federal u.s attorneys selected |
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| most convicted crime due to likelihood of repeat offenses |
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| What is vital for community prosecution |
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| a partnership among the prosecutors office, law enforcement, and the community, in which the authority and pawwer posessed by the prosecutors office are used to identify and solve problems. |
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| adversarial system of justice |
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| percent of criminals classified as indigent |
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| canhire full time invesitgator and staff |
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| successful case in court.. |
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| at what stage in the criminal process is the decision made regarding bail? |
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| 4. initial appearance in court |
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| How are judges prepared for job? |
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| trial by fire, on the job training |
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| In federal court, which body hears body of misconduct? |
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| Who influences how the public views the court? |
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| What can judge do if prosecution has not made a convincing case |
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| direct a jury to aquit or overrule them |
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| when do judges sign warrants? |
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A judge will issue a warrant if the police can show that it's reasonably likely that the search will turn up contraband or evidence of a crime. |
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| when do judges see conflict of interest |
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| A conflict of interest is a set of circumstances that creates a risk that professional judgment or actions regarding a primary interest will be unduly influenced by a secondary interest. |
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| defendants can no longer receive court appointed lawyer |
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| method of determining whether a state may abridge someones fundamental rights. favor individual. |
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| jurisdiction may not prosecute someone again for the same crime after the person has been aquitted |
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| another method of determining whether a state may abridge someones fundamental rights. alesser standard of proof is required and the courts generally find in favor of the state |
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| the warnings that police must provide a criminal suspect prior to questioning the suspect if they wish to use the suspects statements against him or her at trial |
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| a group of citizens selected in a fashion similar to a trial jury |
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| legislation making prior conduct criminal. |
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| the first 10 amendments to the U.S constitution setting forth a variety of individual rights |
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| justification for a search or seizure. not as stringent as proof beyond a reasonable doubt but more than reasonable suspicion or hunch |
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| punishment philosophy that holds the offenders who are dangerous and likely to commit additional crimes should be incapacitated through a jail or prison sentence. |
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| an order requesting that a prisoner be brought before the court so that the constitutionality of his or her confinement can be reviewed. means bring the body.. |
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| a document formally charging the defendant with a crime handed down by a grand jury after hearing the evidence presented by the prosecutor. |
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| a document that creates a government |
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