CRM/LAW C7 Lecture Notes - Lecture 3: Precedent, Feudalism, Excessive Bail Clause
22 Feb 2018
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Justice, making laws, us constitution & bill of rights, crime theories, violence theories, bogira ch. 5-6. First part (cid:449)as the do(cid:272)u(cid:373)e(cid:374)tatio(cid:374) fro(cid:373) the (cid:374)e(cid:449)ly esta(cid:271)lished (cid:862)(cid:272)ourt of la(cid:449)(cid:863) i(cid:374) the (cid:1005)(cid:1005)(cid:1004)(cid:1004)s, decisions were written down, circulated and summarize. Drawn up by english barons to limit powers of king john (of robin hood fame) right to a trial by jury, proportionality of punishment, privilege against self- incrimination. Stare decisis - prior decision should govern future decisions, and used to justify future decisions. This means literally quote (cid:862)let the de(cid:272)isio(cid:374) sta(cid:374)d(cid:863) All courts and state are bound by decisions of the highest court in that state. All federal courts are bound by us supreme court. Only the highest courts in the state are binding within state but states may give consideration to other states supreme court decisions. Precedent can be overruled by legislature if constitution permits. William blackstone english judge and philosopher had a heavy influence on the philosophy behind.
