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Lecture 3

HIST 3850 Fall Term Lecture 3 .doc

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Department
History
Course
HIST 3850
Professor
Patrick J Connor
Semester
Fall

Description
Friday September 27th 2013 HIST 3850 Murder & Other Crimes in North America Professor Patrick Connor North America in 1700 13 colonies were settled by a variety of religious and merchant groups by the 16 hundreds. In England, they were repressed by their own gov so they left. Virginia, North/South Carolina settled by merchants English parliament in 1730 georgia late 1700 England started using Australia Pennsylvania residents supported themselves on wheat 1660's enslaved africans were brought to mainlands like virginia. english North American colonies were part of a larger system American Population - virginia/maryland 312,000 (white); 189,000 (black) - N & S Carolina, Geogia: 119,00 (White); 94,000 (black) - South Carolina: 36, 000 (white); 57,000 (black) The south was harder in finding free labour. They had men who signed a contract. Slavery 13 colonies that rebelled against this rule (?) Slavery existed in 13 colonies. Links to the 13 colonies: factors that united - share common language - roughly about same population along atlantic coast - shared a opposed 1775 13 colonies came together to rebel against English rule - they distrusted political authority and wanted to maintain as much as possible their own control over political affairs - this lead to control over their own judicial affairs - the idea of individual estates being in control of their judicial affairs lead to civil war (?) The outcomes for these cases led for the United States to step in. The US constitution. Each state would have its own criminal justice system with its own rules but still had to pay attentions to the federal constitution. Political System of the US - based on preexisting colonial government - they broke away from England during revolution war - u.s said were all individual but keep one federal government to define us as states, that way they could come together in battling against England, but still being their own state with their own rules A) House of Representatives - 435 members who are elected every 2 years - elected on the basis of population B) Senate - 2 senators are elected in every state regardless of the pop, they are elected every 6 years - in Canada there are 108 senators, ontario has 24, pei has 4 - like the usa it is set up the same C) Executive - president and cabinet (not members of the HOR). In Canada the prime minister has a local resistancy like any other MP. In states, it is possible that the president has to work with the HOR's which are part of the opposing political parties D) Veto - president can over ride any legislative passed by congress - if the congress wishes to put past this veto they can resubmit it as long as 2/3 of the majority consent to it - elected officials are the ones who pose and pass laws - there are 50 diff states in the united stated and each one has their own and criminal E) States F) Criminal Codes - s.22 in criminal code is repeated 50 diff times, but worded differently - in texas if you were a man and shot a man who is committing adultery with youe wife, it wasn't considered as murder USA and Canada bopth adopted this government from the british system Crimes are called felonys in the US Summary offences is term used in US Criminal Courts Process Arrest by police - police will go against a magistrate to issue a warrant to arrest, unless caught in the crime by county sheriff - elected by the people by state police - FBI - 1908 by act of congress and is only responsible for federal law, not criminal law - FBI will still get involved in murder cases if it violates federal law, or civil rights Appearance in front of a magistrate or a judge - in canada you have 24 hours to report for bail and are given this opportunity - in the states it is 48 Grand Jury - in fed case a grand jury must meet in canada this is called a preliminary hearing - the grand jury is not a trial jury - it is just a step to see if their ought to be a trial - the grand jury is in force to make sure the prosecutor doesn't harass someone - grand jury also looks at the evidence - if grand jury agrees to a trial, then thats when the charges are laid out - this process is the same in canada and the US Arraignment - arrange the trial dates etc Judiciary State Courts - 90% of courts in states are state courts - of limited jurisdiction - of general jurisdiction - murder trials - also hear appeals - appeals and courts of last resort - 7 supreme courts in the states (?) State judges are appointed in a variety of ways - 1970, 82% of elected judges were elected In 20th century, judges who trial in Capital Cases were elected Federal Court System deals with federal matters US Federal Judiciary - deals with drugs, violation of civil rights Federal Jurisdictions District Courts - currently 94 of them, 677 federal judges Courts of Appeal - circuit courts and that came from back in the day when judges used to go to the courts. Federal appeals court hears cases in the lower district courts - federal judges are not elected, they are
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