introduction
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Introduction. The Rule of Law. English Roots of American Justice System. Key elements of the medieval tithing system. Definition:. tithing. Grouping together of 10 families. Requirements of Tithing. Obey the law. - PowerPoint PPT PresentationTRANSCRIPT
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IntroductionThe Rule of Law
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English Roots of American Justice System
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Grouping together of 10 familiesDefinition:tithing
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Requirements of TithingObey the law
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Requirements of TithingKeep peace in their area
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Requirements of TithingBring law violators to justice
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Several hundreds made a Shire(Size of a county)
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Shire was directed by a Shire Reeve or Sheriff
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History and Structure of American Law
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American law enforcement agencies have limited authority
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Authority and Jurisdiction are determined by law
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Authority and jurisdiction are determined at the federal, state & local levels.
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JurisdictionA politically defined geographic area
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JurisdictionThe right or authority of a justice agency to act in regard to a particular subject matter, territory or persons
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JurisdictionThe right or authority of a justice agency to act in regard to a particular subject matter, territory or persons
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JurisdictionDefines laws an agency is permitted to enforceDefines duties it is allowed to perform
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Federal Agencies
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Immigration and Naturalization Service INS (now known as ICE)
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Drug Enforcement-DEA
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U.S. Marshals Service
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United States Secret Service
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Internal Revenue Service
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U.S. Customs Service
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Bureau of Alcohol, Tobacco Firearms and Explosives
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United States Postal Service
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Top 4 Federal AgenciesUS CustomsINSIRSFBI
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Substantive vs. Procedural Law
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Substantive LawDefines criminal offenses and their penaltiesJAIL
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Substantive LawDefines criminal offenses and their penaltiesJAIL
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Procedural LawExplains how substantive laws are to be administered(due process)
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The Administration of Justice
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Dual Court System of the United States
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United States Supreme Court Circuit Courts of Appeals District Courts
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7-2:The Federal Court Structure
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7-3:The Thirteen United States Circuits
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State Court SystemState Systems vary by State
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CaliforniaState Court System Supreme Court of Appeal Superior
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The Court of Last Resort
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United States Supreme Court Rule of Four Writ of Certiorari Writ of Habeas Corpus
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State Court SystemFederal Court SystemU.S. District Courts
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Ted Rubins 10 Purposes of Courts1. To Do Justice2. To Appear to do Justice
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Ted Rubins 10 Purposes of Courts3. To provide a forum to resolve disputes4. To censure wrongdoing
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Ted Rubins 10 Purposes of Courts5. Incapacitate convicted criminals6. Punish criminal offenders
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Ted Rubins 10 Purposes of Courts7. Rehabilitate criminal offenders8. General deterrence of public by punishing criminal offenders
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Ted Rubins 10 Purposes of Courts9. Determine legal status10. Protect citizens against arbitrary government action
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Key Actors in the Court ProcessJudgeDefense AttorneyProsecutor
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Powers of the Prosecutor Conduct final screening of case Decide to charge person with crime
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Powers of the Prosecutor Decide whether to prosecute or not if decide to prosecute, they determine what the charge will be
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Powers of the Prosecutor No prosecution decision is nolle prosequi, or nol. pros.
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Prosecutors Conduct the final screening of all persons arrested Decide to charge or not
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Prosecutors Decide to prosecute or not Decide what the charges will be
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Prosecutors Decide whether to plea bargain or not Recommend the amount of bail in many jurisdictions
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Why Prosecutors dont Charge
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Why Prosecutors dont Charge
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Offense did not cause sufficient harm Statutory punishment for a crime is too harsh for a particular offender
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Criminal charge made for the wrong reasons Law is regularly violated with impunityNolle Prosequi
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Nolle Prosequi Victim may refuse to testify Humanitarian considerations for victim or offender
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Accused person cooperates in the apprehension and/or conviction of other criminalsNolle Prosequi
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Accused is wanted for prosecution of a more serious crime in another jurisdictionNolle Prosequi
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May be more cost effective to simply have the parole revoked and return offender to prisonNolle Prosequi
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Defense AttorneysAccused has the right to the assistance of counsel for his defense
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Determining Probable CauseSigning WarrantsResponsibilities
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Informing suspects of their rightsResponsibilities
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Setting and revoking bail Arraigning defendantsResponsibilities
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Accepting guilty pleas Managing courtroom and staffResponsibilities
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Ensuring a jury has a chance to reach a verdict on evidence presentedResponsibilities
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Instructing jury on the law Imposing sentencesResponsibilities
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Problems of Innocent people .
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.wrongly accused of crimes
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Inability to establish an alibiBeing identified by witness (wrongly)Inadequate representation
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Inability to establish an alibiBeing identified by witness (wrongly)Inadequate representation
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Amendments that apply to Criminal Justice System
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no unreasonable searches or seizures
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To deter the police...Exclusionary Rule
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from violating peoples fourth amendment rightsExclusionary Rule
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No double jeopardyNo self-incrimination
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Grand jury indictment in felony cases
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Speedy and public trialRight to counsel
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Impartial jury of state and district where crime occurred
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Notice of nature and cause of accusation
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Right to confront witnesses
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Compulsory process for obtaining favorable witnesses
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No excessive bail and finesNo cruel and unusual punishmentinter
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Standards of ProofMere suspicion
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Standards of ProofReasonablesuspicion
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Standards of ProofProbable cause
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Standards of ProofPreponderance of evidence
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Standards of ProofClear and convincing evidence
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Standards of ProofProof beyond a reasonable doubt
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Standards of ProofAbsolute certainty
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Probable CauseFor an arrest to occur need
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Probable Cause Tangible evidence that a crime has been committed
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Probable Cause Belief that the person arrested committed the crime.
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Probable Cause based on what a reasonable person would believe
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United States Supreme Court test for determining...
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.fourth amendment seizure(arrest)
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surrounding the incident, a reasonable person would have believed that he was not free to leave.U.S. v. Mendenhall, 1980
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Under MendenhallSituations that might be construed as seizures:
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Under MendenhallThreateningpresenceof severalofficers
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Under MendenhallDisplay of a weapon by an officer
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Under MendenhallSome physical touching
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Under MendenhallUse of language that indicates that...
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Under Mendenhallcompliance with the officers requests is necessary
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Probable cause for a legal searchSpecific objects are connected with criminal activity
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Objects will be found in the place searchedProbable cause for a
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Objects will be found in the place searchedProbable cause for a
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Based on what a reasonable person would believeProbable cause for a
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Fifth Amendment Protection against self-incrimination
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Fifth Amendment Protection against self-incrimination
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Fifth Amendment Right to a grand jury indictment in felony cases
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Fifth AmendmentProtection against double jeopardy
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Miranda WarningsRequired before questioning
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Miranda WarningsRight to remain silent
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Miranda Warnings Anything said can be used against the suspect in court
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Miranda Warnings Right to the presence of an attorney
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Miranda Warnings If suspect cannot afford an attorney, one will be provided
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Sixth AmendmentRight to a speedy and public trial
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Right to an impartial jury Right to be informed about the accusationSixth Amendment
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Right to confront witnessesSixth Amendment
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Sixth AmendmentRight to compulsory process for obtaining favorable witnesses
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Sixth AmendmentRight to legal counsel
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Sixth Amendments right to counsel extended to critical stages
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Critical Stages Arraignment Plea-bargaining process Initial appearances First appeal when applicable
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Critical Stages Proceedings after Grand Jury indictment Post-indictment police lineups Sentencing
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Critical Stages Juvenile court proceedings when institutional confinement is a possibility Preliminary hearings
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Critical Stages Misdemeanor when jail may be a sentence Psychiatric examination showing dangerousness in a death penalty case
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Eighth AmendmentProtection against excessive bails
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Eighth Amendment
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Wrongful Convictions Eyewitness misidentification Police errors
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Wrongful Convictions Prosecutor errors Guilty pleas by innocent defendants
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Wrongful Convictions Community pressures False accusations
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Wrongful Convictions Judicial errors, bias or neglect of duty Errors by medical examiners or forensic experts
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Wrongful ConvictionsErrors in record keeping of criminals
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