CRJU 350 Study Guide - Spring 2018, Comprehensive Midterm Notes - Constable, Reasonable Suspicion, Illinois
CRJU 350
MIDTERM EXAM
STUDY GUIDE
Fall 2018
Chapter 1
Criminal Law:
- Factual elements of criminal offenses
Criminal Procedure
- C Procedure involved detection, investigation, & prosecution of criminal offenses
Objectives of Criminal Procedure
- Fair, Accuracy, Efficient, Equality, Respect, Participation, Adversarial, Appeal, Justice
Sources of CP
- Supreme Law: U.S Constitution (4, 5, 6, 8, & 14)
- Legislation
- State Constitutions
- Court Rules
- Agency Regulations
- Judicial Decisions & Common Law
- Model Codes
Federalism: dual court systems (state vs. federal courts)
State Courts: majority of crimes are prosecuted
Discretion: how different decisions are made from time of detecting crime to final adjudication
Role of Discretion:
- Detection & Investigation
- Arrest
- Post Arrest - Booking/Investigation
- Charges
- Pretrial/Trial
- Sentencing
- Appeals
- Habeas Corpus: individual exhausted appeals,rely on habeas corpus review 4 conviction
Federal Courts:
- U.S Supreme Court: 8 Justices, 1 Chief Justice
- Courts of Appeals (Circuits): 3 Judge panels
- Trial Courts: District Courts: 1 judge
- Types of Jurisdiction:
- Original: federal v. state disputes, state v. cases w/ ambassadors/foreign
ministers
- Appellate: Writ of Certiorari: grant Cert by rule of Four
- Concurring Opinion: agrees w/ majority but for different reasons
- Plurality Opinion: Tie, uphold lower court’s opinion
- Per Curiam Opinion: no judge identified as author
- Persuasive authority: sources of law that courts consults in deciding a case
Trial: witnesses, evidence (people v. defendant)
Appeal: briefs, oral argument (appellant v. appellee, respondent v. petitioner)
Judicial Philosophies
- Federalism: states rights - oriented
find more resources at oneclass.com
find more resources at oneclass.com
- Role of decision: resolve specific case v. provide board guidelines
- Police power vs. Individual Rights
- Original Framers vs. Contextualism
- Human factor: judge’s personal psychology
Court Reputation:
- Warren: liberal
- Burger: very conservative
- Rehnquist: very liberal
Federal Judge: lifetime/ “good behavior”
State Judge: appointed then re-elected
CA: Supreme & Appellate: 12 years. Superior: 6 years
Nolle Prosequi: Do Not Prosecute
Gerstein Hearing: initial appearance to determine probable cause
Chapter 2
Supremacy Clause (U.S Constitution Article VI)
- Constitution & laws passed by Congress trump any state laws or lower court decisions if
addressing same issue
Judicial Review: Marbury v. Madison
Bill of Rights
- Individual rights and liberties set forth in Amend. I-X, 4th, 5th, 6th, & 8th.
Constitutionalization of Criminal Procedure & Doctrine of Incorporation
- 14th Amend. : due process & equal protection
- Incorporation Test:
- Due process requires incorporation of Bill of Rights in protecting fairness
- Incorporated:
- Right to Jury
- Right from unreasonable search & seizure (4th)
- Exclusionary Rules (4th)
- Ban Self-Incrimination & double jeopardy (5th)
- Rights to counsel, speedy, public trial (6th)
- Ban cruel & unusual punishment (8th)
- Not Incorporated:
- Grand Jury & Excessive Bail
Warren Court:
- Right to counsel
- Broadened concept of fair trial
- Search & seizure law
- Discovery
Equal Protection Clause:
- Murgia motion: dismissal of charges if prosecution was improper, violate equal
protection
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
C procedure involved detection, investigation, & prosecution of criminal offenses. Fair, accuracy, efficient, equality, respect, participation, adversarial, appeal, justice. Supreme law: u. s constitution (4, 5, 6, 8, & 14) Federalism: dual court systems (state vs. federal courts) Discretion: how different decisions are made from time of detecting crime to final adjudication. Habeas corpus: individual exhausted appeals,rely on habeas corpus review 4 conviction. U. s supreme court: 8 justices, 1 chief justice. Courts of appeals (circuits): 3 judge panels. Original: federal v. state disputes, state v. cases w/ ambassadors/foreign ministers. Appellate: writ of certiorari: grant cert by rule of four. Concurring opinion: agrees w/ majority but for different reasons. Plurality opinion: tie, uphold lower court"s opinion. Per curiam opinion: no judge identified as author. Persuasive authority: sources of law that courts consults in deciding a case. Appeal: briefs, oral argument (appellant v. appellee, respondent v. petitioner) Role of decision: resolve specific case v. provide board guidelines.
