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Substantive Law
the content or subject matter of a law
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Procedural Law
concerned with the notice, hearing, and other procedures that are required before the life, liberty, or property of a person may be taken by the government
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Void for Vagueness
protects people against unreasonable, arbitrary, or capricious laws or acts of government
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Two ways Pre-Arrest investigations are initiated
- 9-1-1 call
- on going surveillance
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Arrest
- the action of taking a person into custody for the purpose of charging them with a crime
- must have probable cause
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Field Stop/Detention
temporary investigative detention
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Booking Process
- an administrative process
- photo taken
- finger printed
- medical history taken
- person is searched again
- paperwork is filled out
- property get inventoried
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Initial Court Appearance
- Lower level
- Judge comtemplates flight risk
- assigns court date
- sets bond amount
- critically reviews if there was probable cause for the arrestÂ
- informs arrestee of rights
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Preliminary Hearing
- Higher level judge
- gathering of information
- determine whether a crime was committed
- determine whether the evidence is sufficient
- existance of probable cause for arrest?
- set bail
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Grand Jury
- not trail jury
- larger than trial jury
- hear evidence and decide if there was probable cause
- decide whether to endite or not indite
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Things to consider during a Jury Selection
- defendant has right to have bench or jury trial
- no jury trials in juvenial court
- 12 members on a jury, can be as few as 6
- get jurers from voter registration lists, DMV list and tax records
- random sample sent summins to report for duty
- jury interview and eliminations to select final 12
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Stages of a trial
- opening statements: summary of what each side will do
- presentation of evidence: call witnesses & experts
- presentation of defense's case
- rebuttal: introduction of new evidence
- closing remarks: defense has last word
- charging the jury: legal instrictions are given to the jury
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Sentencing
- break is taken to think about trial
- previous record of ciminal is taken into account
- was the defendant cooperative or combative during the trial?
- group offense -> level of involvement
- crime done for profit or financial gain?
- sentencing grid
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Pardon
forgiveness for the crime that was committed
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Reprieves
delays tht execution of a sentence
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Commutations
reduces a sentence to a less severe one
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