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Lecture 1

CRJU 203 Lecture Notes - Lecture 1: Criminal Procedure, Majority Rule


Department
Criminology and Criminal Justice
Course Code
CRJU 203
Professor
Theresa Clement
Lecture
1

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CRJU 203 Criminal Procedure Chapter 1
Theresa Clement
8/23/2016
Constitutional rights are intentionally designed to protect the minority. Government vs. you (you
become the minority)
Ant majoritarian doctrine.
Government is not built upon majority rule.
Rules of criminal procedure are intended to be safeguards to protect individuals.
We give the state the power/authority to maintain the order of society. (Arrest, detain, enter, search,
put through court process, fine us (tax and tickets), imprison us, kill us). Given these in hopes to have
peace and order.
Privacy and peace and order clash in the court system. We have to make sure that law enforcement
don’t step out of bounds, so we limit the power of law enforcement (apprehending suspects)
4th amendment protects privacy (unreasonable search and seizures)
The Rule of Law: we are a nation of laws and the government is not above the law, the government
officials are not above the law. We expect law enforcement and court system to go by the law. The
government needs to treat suspects fairly and equally. We are trying to ensure that innocent people
aren’t convicted
Federal constitution gives us certain right, but we are always subject to two constitutions at once (state
too). State can’t take away any fed rights, but can give more rights than fed. Government. So there is
always this balancing act between order and freedom. When you curb freedom you gain control.
Each of the parts of government have duties. Law enforcement have duty to enforce law in a legal
manner, duty to risk life. Prosecution has right to legally prosecute violations of the criminal law. Courts
and judges (justices) have duty to uphold law and constitution they have right to enforce Constitution.
(Not turning blind eye when our rights are violated) Corrections have right to house inmates. (Humanly)
Inmates still have rights of how they are treated. Very different ideals of Legality and actual carrying out
of laws.
Criminal procedure is a technical aspect of the law. Hard to not make mistakes and allow someone to go
free because we violate rights.
Criminal procedure has its roots in the Constitution. 4th amendment, 5th, 6th, 8th (right to bail and no
cruel and unusual punishment). Most rights come from Bill of Rights. Because there are only a couple
sentences on these rights we have to infer.
Criminal procedures is studying constitutional cases
Actual cases are known as case law.
find more resources at oneclass.com
find more resources at oneclass.com
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