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[CRJU 203] - Final Exam Guide - Comprehensive Notes for the exam (27 pages long!)


Department
Criminology and Criminal Justice
Course Code
CRJU 203
Professor
Theresa Clement
Study Guide
Final

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USC
CRJU 203
FINAL EXAM
STUDY GUIDE

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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.
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Before civil war bill of rights only applied to federal government. (Not state workers) In 1960s criminal
procedure provisions were finally all applied to the states and state actors.
There is a difference between theories of criminal justice system should work
Due process model of crju: those who believe that system should be fair, defendant innocent until
proven guilty, proven guilty beyond reasonable doubt, and it’s not fair to lock someone up on
reasonable doubt. Assume that law enforcement and prosecutors make a mistake because of that we
believe that the system is prone to error. Fear erroneous convictions. Leave case available to reopen
incase things are to change (option to appeal multiple times). Let’s just be sure drag out process. Legal
guilt (we need to be able to prove every element beyond reasonable doubt), these rights are
fundamental and should be available to every person. Better 10 guilty people go free than 1 innocent
not. Lean towards defense
Crime control model of crju: focus on repressing criminal conduct. Believe public safety is essential to
personal freedom. Put premium on speed and efficiency within system. Presume that once defendant is
arrested he/she must be guilty. Assume that law enforcement and prosecutors are accurate. Finish the
case and be done. (Limit to 1/no appeal) Factual guilt (proof that you actuality did it). Leans towards
prosecution
Nobody is really all one or the other.
Substantive criminal law: substance of the law. (do’s and don’ts of the law) (don’t kill people) defines
rights of the law. Defines obligations of law. Defines crimes and punishments (exactly what it is)
(314Crju)
Procedural criminal law: Methods to enforce substantive rights and laws. How do we enforce don’t
murder/shoplift law. How do we go about prosecution. Jurisdiction is a procedural concept. Authority of
government to authorize power of area and right for court to hear a case. Proceudral rights protect
innocent and guilty people.
Jurisdiction is two different things power of court to hear a case and power of govenemnt to enforce
laws in a geographical location (police department, counties,)
08/25/2016
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