SOCIOL 2309 Lecture Notes - Lecture 3: Korematsu V. United States, Reasonable Suspicion, Exclusionary Rule
20 Sep 2016
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Lecture: september 13, september 15 & september 20. Principles of criminal liability: elements of case that must be proven beyond a reasonable doubt, criminal act (actus reus) Sometimes the omission of action: criminal intent (mens rea) Don"t have to prove intent (i. e. , traffic offense: concurrence. Proximate = the criminal act is most significant and nearest. Rules that authorize government intrusions to enforce criminal law: sources. Sometimes blend together: steps in criminal justice process. First appearance (before judge miranda rights, charges, bail) Preliminary hearing (prosecutor shows that probable cause to move ahead with case) Arraignment (sometimes done with preliminary hearing, formal charges, bail adjustment, plea) Pretrial conference (prosecutor and da discuss, plea bargaining) Allowed if exigent circumstances critical or urgent. D. 2. situations that do not allow for a warrant. Exclusionary rule illegally seized evidence is not admissible in court (mapp v. ohio 1961) Good example of incorporation applied at federal level for years but now extended to states.
