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SC CRJU 101 - Criminal Justice Notes

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Criminal Justice - Test 3Actus reus v. mens reaCivil Law vs. Criminal LawCivil Law- Private party suingPlaintiff- filed suit. Ex: contracts, etc.Plaintiff v. DefendantContract: must have an offer and an acceptance2 Court SystemFederal Court System- Federal Laws- Federal PrisonsState Court System-State Law- State PrisonsExamples in both: drugsLowest level Federal Courts- U.S. Magistrate Courts- lesser misdemeanor trials (federal)-Set bond in felony cases-verdict in lesser misdemeanor courtU.S. District Court- Federal Trial Court-all federal crimes-general/original jurisdiction-any crimes committed in our states or territories, or on native American reservationsU.S. Court of Appeals- Appellate Court-doesn’t determine guilt-determine whether rights were violated at trial court-“Preserving Issue for appeal” – have to bring up while things are going wrong, after the case is over, Issue for Appeal has been waived-Judicial Error-Can’t appeal based on innocence (just b/c you “didn’t” do it, only on judicial error)-On Appeal- Remanded on instructions to fix the error v. OverturnedTrial Courts- determines guilt or notState vs. Federal Charges- if Fed goes first, state must drop charges. If states goes first, fed can double dutySupreme Court- court of last resort, highest appellate court-not required to here your caseWrit of Sertiorari- supreme court issues this, they will listen to your caseLawyers:-Bachelors Degree-Law School (3 Years)- no specialty- JD (Juris Doctorate)-LSAT- to get into Law School. Doesn’t ask what you learned in college, measures analytical ability-want to know where you have lived, everywhere, 10+ page application-BAR exam:-3 day test-high pressure, but if you fail you can take it again, after the third try- you have to get a sponsor through another lawyer-once you pass, you are ready to practice law-You don’t learn how to practice law in school, but rather at your first jobWHOSE IN THE COURT ROOMCourt Proceedings-what are you charged with-prosecution often goes with what law enforcement charges you with-bail or bond hearing- 8th amendment- no excessive bail-bail can discriminate against poor-cash bond- post however much--PR Bond (ROR Bond) just sign that youl pay if you don’t come backCant pay- hire a bonding company (usually keeps 10%)Before you go to trial- must make sure you’re competent-defendant must understand charges against him-unable to assist in your own defensePlea Bargain- very few trials ever go to trail-almost every case ends in a guilty plea/dealTypes of Plea Bargains-Charge Bargaining- change the charge, ex: murder to manslaughter-sentencing bargaining- agree to a particular sentence -count bargaining- charged with several counts of something, but some are droppedPretrial Motions:-speedy trial-motion for continuance-motion to sequester (witnesses)-Motion for discovery-Motion for severance- separate codefendants, One would make a bad impression on the other-motion to severe charges- weaker charges aren’t clustered with heavier chargesMotion for Dismissal- dismiss a case ex: violates double jeopardy-Dismissal with predjudice- done, cant be brought bake-Dismissal without Predjudice- can be brought back ex: witness foundvoir dire- ask the juror questions to try and determine whether they are biased or notChallenge/Strike- get rid of a juror-preemptory strike- only so many allowed per trial-get rid of juror for no specified reason-Challenge for cause- unlimited but you must make a good reason, argue bias,and convince the courtNext in trial-opening statements-prosecution makes case against defendent Pre-Sentence Investigation Report- Pre trial to determine-prior criminal record-look at your attitude-lifestyle-impact on victimDeterminant sentencing- know sentencing length, ex: 3 year SentenceIndeterminant Sentencing- not exact length (15- life)Mandatory Minimum Sentence- must have to do the sentenceTruth in Sentencing- 85%-incentive to behave in sentencingSentencing guideline- determine sentence length-factors built inNot Guilty By reason of Insanity- at the time they did it, they were insance. They don’t have the mens rea to commit crimeEND TEST 3Court ReporterClerk ReportDefense CounselorBailiffJuryJudgeProsecutorDeparture- reason to get out of mins/maxes of sentencing ex: outside of 10-15


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