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Criminal Procedure Exam 1
Chapters 1 and 2
Terms in this set (17)
One of two general attitudes within a constitutional system of criminal justice, as identified in a theory by Herbert Packer. The Due Process model stresses formal, adjudicative, adversary fact-finding, the prevention and elimination of mistakes, legal as oppose to actual guilt, and viewing the presumption of innocence to mean that every suspect must be treated as if he or she were innocent.
Came up with the Due Process Model and Crime Control Model, which both models reflect necessary and desired constitutional values in our society, and also co-exist in continuous tension. Packer also states that shared values between Conservatives and liberals include the Rule of Law.
Rule of Law
This is the constitutional prohibition against ex post facto laws; all be tried the same way at court.
Crime Control Model
A theory developed by Herbert Packer that suggests that within a constitutional system of criminal justice, there are two general attitudes. The Crime Control Model stresses crime control, efficiency, a presumption of guilt, and finality.
Power of the court to hear and determine a case.
Difference between the Crime Control Model and Due Process Model?
If the Crime Control Model resembles an assembly line, Packer says, the Due Process Model looks very much like an obstacle course. The demand for finality is very low in the Due Process Model and this model demands the prevention and elimination of mistakes to the extent possible; The Crime Control Model accepts the probability of mistakes up to the level at which they interfere with the goal of repressing crime. The Due Process Model emphasizes legal guilt, where the Crime Control Model stresses factual guilt.
Criminal Procedure Law
One way to control the formal, adult, felony criminal justice "system".
A body of written rules issued by legislative government authorities, designed to guide and control individuals and institutions.
There are different forms and sources of law.
Most important are statues or legislation and rules created by appellate courts, called case law or common law.
Marbury vs. Madison (1803)
The Supreme Court has come to have the final word on the interpretation of the Constitution, with the power to overrule laws passed by Congress or state legislatures.
Classification of Laws
Law is classified first by its applicability. Private law (Contracts, property, torts, copyright, sports law, civil procedure, etc.) concerns disputes between private individuals, groups, and corporations, while Public law (Constitutional law, administrative law, tax law, criminal procedure, etc.) involves government power and arises from disputes between government departments or between private people or groups and government agencies.
Law is classified by its three functions
Substantive law establishes and defines rights, powers and obligations. (Homicide, theft, insanity). Procedural law prescribes methods of enforcing substantive rights that are breached and includes rules of jurisdiction, the serving of legal process, and rules that guide the conduct of a trial. (Court rules, state and federal statutes, constitutional law). Remedial law determines the actual benefits or remedies obtained by a successful party to a lawsuit. (Legal remedies or money damages).
The basic functions of trial court is rule application, which is deciding individual cases in accord with the law. Lower-tier courts of limited jurisdiction decide misdemeanors and oversee the pretrial stages of felony cases. Felony cases are decided in courts of general jurisdiction.
Appellate Court Process
The appeal begins when the party's losing the case in the trial court, the "appellant," files notice of appeal, usually a month or two after the trial court decision. Then, within a few months the appellant files the trial court record in the appellate court. The record, often bulky, consists of the papers filed in the trial court along with a transcript of the trial testimony. Next the appellant and the opposing party, the "appellee," file briefs that argue for their respective positions. The briefs are usually followed by short oral presentations to the judge. Finally, the judges decide the case and issue a written opinion.
The legal and power relationship between the national government and the state governments.
When Bill of Rights only applied to people in Federal or state officials, which caused the Incorporation Doctrine movement.
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