Criminal Procedure Notes

Unit 1 journal the law is a guideline for human behavior. The law is merely a guideline for human behavior. The study of our justice system should be viewed as a cluster of ideas, principles, and values about which reasonable persons can and do disagree. Judicial opinions construe the constitutionality, meaning, and effect of constitutional and statutory provisions. Most individuals agree that the most basic goal of the criminal justice system is to protect society from crime. Criminal justice professionals are generally oriented toward one of two opposite goal law and order or individual rights. The pragmatic goals include the goal of preventing crime. Organizations have developed standards, which are detailed goals for improving the system. Although the criminal justice system is referred to as a system, it is more accurate to refer to it as a nonsystem. Two important questions regarding the burden of proof in criminal proceedings are: Who has the burden of proving an issue? and, What is the magnitude of the burden?The court system in the United States is based upon the principle of federalism. A dual system of state and federal courts exists today. Appellate jurisdiction is reserved for courts that hear appeals from both limited and general jurisdiction courts. In many states, the appeals from minor courts are heard de novo. The Judiciary Act of 1789 created the U.S. Supreme Court. Jurisdiction is the power of a court to hear and determine an issue. Not all searches are prohibited; only those that are unreasonable. The Fourth Amendment deals with the seizures of both persons and property. The U.S. Supreme Court imposed the Exclusionary Rule on the states in the case of Mapp v. Ohio. The Fruits of the Poisonous Tree Doctrine prevents the use of evidence that is tainted by illegal activities of law enforcement. The Fourth Amendment protects only persons, houses, papers, and effects. A search is a governmental intrusion into an area where a person has a