CRJ 252 Review for Quiz 1 PDF

CRJ 252 Professor Abed Hammoud Review for Quiz 1 Chapters 1, 2, 3 and 4 Due process revolution in the 1960's and balance between results and means The revolution was conducted in t...

CRJ 252 Professor Abed Hammoud Review for Quiz 1 Chapters 1, 2, 3 and 4 Due process revolution in the 1960's and balance between results and means The revolution was conducted in the courts. This revolution made it so the courts prioritized means (the rights of the accused) more than the results(the punishment). How has trend been shifting lately? The trends have been shifting towards results lately. Doctrine of Stare Decisis Courts doesn’t have to follow states laws, only the federal (supreme court’s laws) What is a precedent? When do courts distinguish cases? Precedent: what the court decides, the point is so scholars can see how and predict how a case like others will be ruled. Rights guaranteed by 4th Amendments, 5th, 6th, and 8th (table in the outline) 4th amendment is search and seizure 5th amendment is the right to remain silence 6th right to have council 8th is cruel and unusual punishment. US Supreme Court interpreting the US Constitution. Minimum national standard. A. Binding by all courts, every court in America must follow the US Supreme Court’s B. States can give you more rights but what the SC rules is the minimum rights guaranteed to citizens.  What are "parallel rights"? Parallel rights are rights that are similar between the state laws and constitutional rights. Incorporation doctrine When you take a right that was In the constitution and extend it to state procedings (ex. expanding due process to the states) How can a criminal investigation start? Crime is committed, police is called, police investigate and then give their findings to the DA. Double jeopardy and not-guilty verdicts Double jeopardy is that you you can’t be tried for the same crime more than one time, in the same sovereign. If you are found not guilty then the case is over, mistrial you can retry. Equal Protection Clause and claims under that clause It has to be made as the intent to be discriminatory and then proven to be discriminatory. Purpose of police searches and seizures To prevent crime or to find evidence Definition of a search and a seizure (expectation of privacy) Must be an action by the government for it to be considered with the 4th amendment. You can arrest based on something you see without moving things but if you do move it then its considered search and seizure. Fourth Amendment application to searches and seizures Protects people, not places Reasonable suspicion standard Is lower than probable cause but above a hunch. Minimum level of objective (have to explain to a judge why you did what you did.) Definition of stop and frisk (basis for..) and standards set by Terry v. Ohio  An outside pat down, touching the outer clothing to find any weapons that can be used against officers. You can only do this if you feel they are armed. When does seizure of a person occur? Only when the person is actually caught or person complies to the order. Different levels of courts (Michigan and federal). 4 levels of State court District/municipal: only misdemeanors Circuit Court: For all federal trails Court of appeals: Supreme court of Michigan : Federal court District court Court of appeals Supreme court of appeals