The Criminal Justice System Notes
  • The Criminal Justice System Notes

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The Criminal Justice System Notes

Summary:

The document “The Criminal Justice System Notes” comprehensively covers various aspects of the American criminal justice system, including key court cases, constitutional amendments, criminal justice processes, crime theories, and policing strategies.

The first section details significant court cases that have shaped criminal justice practices, such as Terry v. Ohio, Mapp v. Ohio, and Tennessee v. Gardner, each addressing critical issues like ‘Stop and Frisk’, the exclusionary rule, and the use of deadly force by police. The document also outlines essential amendments to the U.S. Constitution relevant to criminal justice, including the 1st, 4th, 5th, 6th, 8th, and 14th Amendments, which collectively cover rights related to free speech, search and seizure, self-incrimination, due process, and speedy trials.

The criminal justice process is examined, highlighting the role and hierarchy of various courts, from state courts to the Supreme Court, and the nuances of criminal trials, including pre-trial procedures, jury selection, presentation of evidence, and sentencing. Different crime theories, like the Classical School and Positivism, are discussed, offering insights into the motivations and social factors behind criminal behaviour.

Policing strategies are extensively covered, detailing the evolution of American policing from the Colonial era to the Community Era and addressing major aspects like order maintenance, law enforcement, and service. The document also discusses police discretion, effectiveness measurement, and corruption within the police force.

Excerpt:

The Criminal Justice System Notes

Amendments
1st Amendment – freedom of speech, press, assembly, and to petition the government
● Free Exercise Clause

4th Amendment – Comprehensive search and seizure
● Guarantee against unreasonable search and seizure, not against all search and seizure
● Warrant issued with probable cause

5th Amendment
● Right to grand jury, against self-incrimination, Due Process, and Double Jeopardy 6th Amendment – Rights of criminal defendants
● Right to a speedy and public trial, right to a lawyer, right to an impartial jury, right to know your accusers and the nature of the charges and evidence against you

8th Amendment – Cruel and unusual punishment
● Prohibits cruel and unusual punishment and excessive fines and bail

14th Amendment – Due Process
● Applies Due Process (5th Amendment) to the states