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criminal justice notes.docx

30 Pages

Criminal Justice
Course Code
CRMJ 254

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th8 amendment rightsRights against excessive bailBail a monetary guarantee that one will return for court appearancewhen released from custody after arrestExcessive bail nature and circumstances of the offense the weight of the evidence against defendant Cash bail accused pays full amount of bail in cashBail BondSurety Bond can be used for any amount of bail but it is especially useful when the accused cant afford to pay bail Bonds collect men collect 10 on average Protection against cruel and unusual punishment capital punishment or death penaltyth6 amendment rights1Speedy and public trial 2Impartial jury of the state and district where the crime occurred3Notice of nature and cause of accusation4Confront opposing witnesses5Compulsory process for obtaining favorable witnesses6Private counsel if can be afforded Criminal TrialOne of the distinctive features of criminal justice in the US is trial by juryThe JuryThe purpose of the jury trial is To protect citizens against arbitrary law enforcement To prevent government oppressionTo protect citizens from overzealous or corrupt persecutors and from eccentric or biased judgesThe Trial ProcessBefore a criminal trial formally beings attorneys in about 10 of felony cases file pretrial motionsCommon motion ask forDiscovery of evidence Interrogations inspection of documents and picturesSuppression of evidence if a police officer finds a piece of paper in an illegally searched car then the paper cannot be used Admissibility of Illegally Obtained Evidence Inevitable discovery this means that the police would have inevitably found the evidence with or without the illegal searchIndependent source the discovery of the evidence involved a combination of legal and illegal means but the evidence could have been discovered by a reliable sourceGood faith the officers who discovered the evidence has no reason to believe their search was illegal ie believed the search warrant to be valid when it was notAttenuation if the connection between the illegal search and the evidence is sufficiently weak the evidence may be considered untainted The Trial ProcessThe prosecution must establish beyond a reasonable doubt each element of the crime If the defense feels the prosecution has not made its case it can oAsk for a direct verdict jury could not reach a decisionoMake a motion for dismissaloIf not dismissed if defendant not acquitted the defense presents its caseMarch 7 2014The Deliberation ProcessJudge normally instructs the jury onoPrinciples of law to consider in judging a caseoThe chargesoThe rules of the evidence oPossible VerdictsoThe jury then withdraws and deliberates If the jury decides that the defendant has not committed the crime it acquits oThe prosecutor cannot retry the case on the same charges
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