police

a trial by which a judge without a jury

a statute is a form of law created by

90 percent of felony convictions, and changing the plea to get you to plea guilty

charge- arrest in ADW, lesser charge if pleads guilty

count barg- someone robbed 10 diff areas if you plea to all of them then you can only get charged one count of robbery

where arrestees will be brought before the judege and advised of their rights and the charges, and be given a change to make bail.

• 1. told of charges filled
• 2. told of their rights, not miranda but amendment rights
• 3. verify their idenity
• 4. have person enter a plea

unreasonable search and seizure

• 1.purpose= $
• 2.proof- propndurance of evidence has to be 51 percent or more and jury has to believe it is more likely then not (75percent)

3.no representation

...propondurance of evidence which would be 51 percent or more

the second half is getting paid. criminal lawyers are more concerned than other lawyers with collection of the fee, usually a flat rate

5th and the 14th amendment.

two major adversary actors in the criminal justice system

crime, arrest, charging, grand jury, discretionary apeal

conservatives who says it is more important to protect the public then to protect the criminals.

• there job is to:
• 1. breakdown of indiv responsibility
• 2. most likely to determine if guilty or innocent
• 3. process guilty defendant quickly
• 4. technicalities let crooks go free
• 5.punishment will deter crime

• 1. intitled for a jury trial
• 2. right to counsel
• 3.right to confront witness
• 4. right to sopeona
• 5. informed of the charges

beyond the reasonable doubt

not do- trial, witnesses dont testify, and dont use a jury

do. look at records of a lower court, look at past violations and review motions

a matter already judged and final judgement is no longer subject to appeal

fairness, standardized and is associated with the judges

is pursuing the truth

establishes social order and requires coercion

the court has the authority to declare an act of congress unconsitutional.

thru apprendaship. ex. worked thru judges

uniformity of legal education

sets bar standards by each state

• geographical things that occur in certain areas and cannot be prosecuted in a differnet place.
• ex. subject matter, civil courts lack jurisdiction than criminal
• ex. juvenile matter is handled diff than adults

It is a provision in law that allows a state to exercise jurisdiction over somebody living in another state.

indicates social expectations of what is right or normal

statutes of governing society

serves to limit the power of government

conservative approach to law

are usually the same as all law schools to keep consistancy

increases the predictability of the law

standards for admissions of practice of law

T

F supreme court does not have to hear about it

• freedom of speech
• freedom of press/ media
• freedome of religon
• petition of the government
• freedom of assembly

• establish grand jury
• due process
• self-incrimmination
• double jepordy

• no excessive bail
• no cruel and unusually punishment
• no excessive fines

• 1. punishment
• 2. beyond the reasonable doubt, jurors -100 percent
• 3. public rep

a violation of the law

does not have to have a reason but have to have the permission. no justification needed

reasonable suspicion, must have this to justify an encounter to detain them. detention takes place at the scene.

reasonable suspicion, reason to believe they will, did, or about to commit a crime

taking a person into custody authorized by the law. the police officer or private person

probable cause, why you think they did something

lowest level a fine

punishable up to a yr in county jail, or probation, fine or any combination of there of

crime of which you can go to state prison, death, probation, fine or any combination of there of

making sure the person will come back and cause no harm to the public. protection of the public

FELONIES ONLY

• did a felony occur
• and is it possible this person

finding a fact

• retribution-punish the person
• rehabilitation- fix them and change them to fit to go back

restoration- if possible make everyone whole

deterrance-if you understand something will happen if you do something wrong.

incapacitation- denie them acess to victims or remove them from doing it

• 1. cannot be on parole unless you been in prison
• 2. parole is finishing your sentence from the outside
• 3. rights taken away
• 4. administered at the state level
• 5. parole officer is assigned

• 1. instead of jail
• 2. administered by the judge or court level
• 3.formal- assigned probation officer
• informal- never see your probation officer again and wont see them untill you commit a crime again

if you do not obtain evidence legally, the your case can be taken out. made for law enforcement

direct- absolute

circu- take a known fact and infer it to something else

the outcome/result of a well presented evidence

liberals- more important to protect the criminal then the public. make sure they went into the system correctly and lawfully

legislative body creates this

appallete process and allocations of future cases

establish relationship between the people and government and resolve disputes between states