Ch. 1 AN INTRODUCTION TO CRIMINAL PROCEDURE

Criminal Law

Refers to the body of law that defines criminal offenses and prescribes punishments.

Criminal Procedure

Dictates the methods and processes through which the criminal justice system operates, including the enforcement of laws, investigation of crimes, and prosecution of offenders.

Challenges of Balancing Security and Rights

Involves complex considerations of public safety while protecting individual freedoms, leading to contentious legal debates.

Objectives of Criminal Procedure

To establish a framework that governs enforcement of criminal law, ensuring fairness and justice throughout the legal process.

Protecting Constitutional Rights

Safeguarding the rights of individuals accused of crimes, such as the right to a fair trial.

Maintaining Public Safety

Balancing the need for law enforcement to prevent crime and protect the community.

Ensuring Accountability

Providing a mechanism to hold law enforcement and judicial authorities accountable for their actions.

Facilitating Justice

Streamlining the process of investigating, prosecuting, and adjudicating cases to achieve timely resolutions.

Stages of the Criminal Justice Process

Includes investigation, arrest, charging, initial appearance, preliminary hearing/grand jury, arraignment, trial, sentencing, and appeal.

Sources of Criminal Procedure Law

Includes constitutional provisions, statutes, case law, rules of criminal procedure, and legal commentary.

Structure of Federal Court System

Composed of District Courts, Circuit Courts of Appeals, and the Supreme Court.

Structure of State Court System

Typically includes trial courts, intermediate appellate courts, and a state supreme court.

Role of Precedent in Judicial Decision Making

Precedent ensures consistency and predictability in the law, guided by the principle of stare decisis.

Role of Judicial Philosophy in Decision Making

Judicial philosophy influences interpretations of law and application of precedents, based on judges' beliefs about the law's purpose.

Federalism

A system of govt in which power is divided between a central, the federal govt, and state govt’s

Constitutional law

Establishes the structure, powers and duties oof a govt while also stating the limitations that exist on the exercise of that power

What are the 3 general sections of a U.S. Constitution?

1)The Preamble

2)The 7 Articles

3)The Amendments

What does The Preamble explain?

Explains the purposes of the Constitution and defines the powers of the new govt as originating from the people of the U.S.

The main body that sets up how the federal government is structured and how the system operates:

The 7 Articles

The 7 articles

Establishes the structure and powers of the fed govt

What is the federal govt structure?

LEJ

LEGISLATIVE BRANCH

EXECUTIVE BRANCH

JUDICIAL BRANCH

Whats does legislative branch do?

Makes laws!

Statues:

Legislative acts declaring, commanding or prohibiting different types of conduct

Ordinances:

Law passed by a minor legislative body below the state level that deals with a local concern

Ordinances

Law passed by a minor legislative body below the state level that deals with a local concern

(Legislative branch)

Ex. Local levels like counties have the power to pass ordinances

Executive branch does what?

Carries out the law!

PRESIDENT!

Rules adopted by administrative agencies that have the force of law

Administrative regulations

(Executive branch)

Treaties

President, with advice and consent of senate, may enter treaties with foreign nations which have the force of law

An order issue by the President ( or governor at the state level) which has the force of law.

Executive orders

What is the case law for judicial branch?

Decisions issued by state and federal appellate courts interpreting the law constitute a source of law in their controlling jurisdiction as well

What are the 2 principles of Case Law?

• Precedent

• Stare decisis

Precedent

A judicial decision that establishes a principle or rule of law for the 1st time

Stare decisis

The doctrine that courts will follow precedent when deciding cases with similar issues and/or facts. “TO STAND BY THINGS DECIDED”

Why should courts follow the rules established in prior, similar cases?

Stare decisis ensures certainty, consistency, and stability but departures from precedent permitted for compelling reasons

Structure of a Supreme Court Opinion

• Majority Opinion

• Concurring Opinion(s)

• Dissenting Opinion(s)

Majority Opinion

More than half of the members of the court setting forth the decision of the court and an explanation of the rationale behind the courts decision

Fourth amendment

No unreasonable searches and seizures

Fifth amendment

Self-incrimination “PLEAD THE 5TH”, Due process

Sixth amendment

Right to counsel

Name the 3 reconstruction amendments

13th: prohibition of slavery & servitude

14th: no state may abridge privileges & immunities of citizens nor deny due process or equal protection

15th: citizens rights to vote regardless of race, color, previous servitude

Amendments ratified to guarantee freedom to former slaves and to establish and prevent discrimination in certain civil rights to former slaves and all citizens of the United States, including against the power of the state

Reconstruction Amendments (13th,14th,15th)

Which amendments states that NO STATE shall deprive any person of life, liberty, or property without DUE PROCESS OF LAW?

14TH