Legal Systems: Foundations Of Criminal Justice System
Elizabeth Prest
Foundations of Criminal Justice Systems: CRJS101 - 1404A – 09
Unit3 - Individual Project
September 8, 2014
Here in the United States the law is derived into four sections. These four sources are constitutional law, statutory, administrative regulatory law, stare decisis, and the common law. These four laws combined makes criminal law. Constitutional law consists of state, namely, executive, legislature, and judiciary branches of government. Statutory laws are subordinate to the higher constitutional laws of the land. Statutes may originate with national, state legislatures or local municipalities. However, stare decisis, the principle that similar cases should be decided according to consistent principled rules so that …show more content…
they will reach similar results, lies at the heart of all common law systems.
A common-law crime is one punishable under common law, as distinguished from crimes specified by statute. In many U.S. jurisdictions, including some in which comprehensive criminal statutes have been enacted, the common law in relation to crimes and criminal procedure has been recognized by the courts as in force, except insofar as it has been abrogated or repealed, expressly or impliedly, by statute. Thus the state may prosecute crimes that were indictable at common law even though they may not be denominated as such or be provided for by statute.
Common types of warrants in criminal cases include arrest warrants and search warrants. An arrest warrant is usually designed to detain a person who is suspected of committing a specific crime. By and large, an arrest warrant is granted when probable cause supports that a crime has been committed by the person listed in the warrant. If a defendant fails to make an initial appearance in court after a citation has been issued, the court may issue an arrest …show more content…
warrant known as an alias warrant. For instance, if a defendant does not show up in court after being summoned on a speeding ticket charge, the court may hand out an alias warrant for the defendant’s arrest. Another kind of arrest warrant, known as a bench warrant, is sometimes issued to a defendant who fails to make his or her next scheduled court appearance. In civil cases, there are several different types of warrants. For example, if a plaintiff is seeking monetary relief from a defendant, the plaintiff may file a civil warrant in debt. A warrant in detinue can be used by a plaintiff who wishes to recover personal property wrongly obtained by a defendant. Generally, civil warrants are used for small claims court actions, and they require basic information, like the defendant’s name and address as well as the claim amount and basis. Usually, a plaintiff must pay filing and sheriff fees in order to serve the warrant on the defendant. Other types of warrants that are frequently used in the United States are federal and state warrants. A federal warrant is usually issued by a federal judge or magistrate in a criminal case after a federal attorney or law enforcement officer has presented a statement of facts in support of the warrant. State warrants typically allow for arrest of an individual in a criminal case, and they are usually granted by or on behalf of a state.
Probable cause is the legal standard by which a police officer has the right to make an arrest, conduct a personal or property search, or obtain a warrant for arrest.
While many factors contribute to a police officer’s level of authority in a given situation, probable cause requires facts or evidence that would lead a reasonable person to believe that a suspect has committed a crime. The precise meaning of probable cause and how it is met can be explained as: The total information of what police have heard, known or observed as trained officers. Probable cause will not lie down unless the facts supporting the warrant are asserted by the officer as true to the best of his or her knowledge. The officers have the right to search in the case of plain-view doctrine. It can be understood with an example; if an officer goes to a doctor for assistance or medical help and during the process, he sees drugs; in this situation, he can legally forfeit him and make an arrest at the moment. The plain view doctrine applies under legal circumstances and in the places where the police officers have a valid right. All these searchers and reasons are persuasive and
influential.
The Health Insurance Portability and Accountability Act (The HIPPA act) is an emergency consent which states a covered entity is permitted, but not required, to use and disclose protected health information, without an individual’s authorization. A incident to arrest is in other words a quick, limited premises search incident to a lawful arrest in a residence has been upheld by the U.S. Supreme Court if the arresting officers have a "reasonable belief" that there is another person on the premises who poses a danger to those on the arrest scene.
Every American citizen has the constitutional right to be free from unreasonable search and seizure. It 's the reason tough talking TV characters always snap "where 's your warrant?" when police start snooping around. Unfortunately, the police don 't always need a warrant. In fact, under the stop and frisk exception, the police can stop you on the street and pat you down for anything illegal...as long as they have suspicion.
What constitutes a stop and frisk? Can one be stopped and not frisked? Or does one action always follow another? A stop is a seizure of a person. There are two types of stops: (1.) a show of force and (2.) a show of authority. With a show of force, an officer must physically lay hands on the person with the intent of detaining them. In a show of authority, the officer 's look, demeanor, and display of authority persuades a person to submit to authority. The key element in this type of stop is that the individual must submit to the show of authority, believe they have been seized, and feel compelled to cooperate.
The plain view doctrine allows an officer to seize – without a warrant – evidence and contraband found in plain view during a lawful observation. A officer to be lawfully present at the place where the evidence can be plainly viewed, The officer to have a lawful right of access to the object, and last but not least the incriminating character of the object to be “immediately apparent.”
In the United States, one of the ways that the judicial branch checks the executive branch is through the exclusionary rule. Under this policy, illegally obtained evidence is inadmissible in court. While this applies primarily to Fourth Amendment protections against illegal search and seizure, it also applies to the Fifth Amendment protections against self-incrimination. This means that if the police fail to inform a suspect of his or her right to remain silent, and the suspect confesses, the confession cannot be introduced as evidence in the suspect 's trial. There has been a great deal of controversy over this, so in recent years, the Courts have relaxed the standard a bit. For instance, courts now apply what is known as the "good faith" exception. Under this standard, if police believed, for instance, that a search warrant was legal, but later found out that it was technically flawed, the evidence obtained in the search would still be admissible.
References:
http://www.lawteacher.net
(Maryland v. Buie, supra; People v. Dyke (1990) 224 Cal.App.3rd 648, 661; People v. Block (1971) 6 Cal.3rd 239.)
http://nationalparalegal.edu/conlawcrimproc_public/ProtectionFromSearches&Seizures/ExclusionaryRule.asp
Foundations of Criminal Justice Systems: CRJS101 - 1404A – 09
Unit3 - Individual Project
September 8, 2014
Here in the United States the law is derived into four sections. These four sources are constitutional law, statutory, administrative regulatory law, stare decisis, and the common law. These four laws combined makes criminal law. Constitutional law consists of state, namely, executive, legislature, and judiciary branches of government. Statutory laws are subordinate to the higher constitutional laws of the land. Statutes may originate with national, state legislatures or local municipalities. However, stare decisis, the principle that similar cases should be decided according to consistent principled rules so that …show more content…
they will reach similar results, lies at the heart of all common law systems.
A common-law crime is one punishable under common law, as distinguished from crimes specified by statute. In many U.S. jurisdictions, including some in which comprehensive criminal statutes have been enacted, the common law in relation to crimes and criminal procedure has been recognized by the courts as in force, except insofar as it has been abrogated or repealed, expressly or impliedly, by statute. Thus the state may prosecute crimes that were indictable at common law even though they may not be denominated as such or be provided for by statute.
Common types of warrants in criminal cases include arrest warrants and search warrants. An arrest warrant is usually designed to detain a person who is suspected of committing a specific crime. By and large, an arrest warrant is granted when probable cause supports that a crime has been committed by the person listed in the warrant. If a defendant fails to make an initial appearance in court after a citation has been issued, the court may issue an arrest …show more content…
warrant known as an alias warrant. For instance, if a defendant does not show up in court after being summoned on a speeding ticket charge, the court may hand out an alias warrant for the defendant’s arrest. Another kind of arrest warrant, known as a bench warrant, is sometimes issued to a defendant who fails to make his or her next scheduled court appearance. In civil cases, there are several different types of warrants. For example, if a plaintiff is seeking monetary relief from a defendant, the plaintiff may file a civil warrant in debt. A warrant in detinue can be used by a plaintiff who wishes to recover personal property wrongly obtained by a defendant. Generally, civil warrants are used for small claims court actions, and they require basic information, like the defendant’s name and address as well as the claim amount and basis. Usually, a plaintiff must pay filing and sheriff fees in order to serve the warrant on the defendant. Other types of warrants that are frequently used in the United States are federal and state warrants. A federal warrant is usually issued by a federal judge or magistrate in a criminal case after a federal attorney or law enforcement officer has presented a statement of facts in support of the warrant. State warrants typically allow for arrest of an individual in a criminal case, and they are usually granted by or on behalf of a state.
Probable cause is the legal standard by which a police officer has the right to make an arrest, conduct a personal or property search, or obtain a warrant for arrest.
While many factors contribute to a police officer’s level of authority in a given situation, probable cause requires facts or evidence that would lead a reasonable person to believe that a suspect has committed a crime. The precise meaning of probable cause and how it is met can be explained as: The total information of what police have heard, known or observed as trained officers. Probable cause will not lie down unless the facts supporting the warrant are asserted by the officer as true to the best of his or her knowledge. The officers have the right to search in the case of plain-view doctrine. It can be understood with an example; if an officer goes to a doctor for assistance or medical help and during the process, he sees drugs; in this situation, he can legally forfeit him and make an arrest at the moment. The plain view doctrine applies under legal circumstances and in the places where the police officers have a valid right. All these searchers and reasons are persuasive and
influential.
The Health Insurance Portability and Accountability Act (The HIPPA act) is an emergency consent which states a covered entity is permitted, but not required, to use and disclose protected health information, without an individual’s authorization. A incident to arrest is in other words a quick, limited premises search incident to a lawful arrest in a residence has been upheld by the U.S. Supreme Court if the arresting officers have a "reasonable belief" that there is another person on the premises who poses a danger to those on the arrest scene.
Every American citizen has the constitutional right to be free from unreasonable search and seizure. It 's the reason tough talking TV characters always snap "where 's your warrant?" when police start snooping around. Unfortunately, the police don 't always need a warrant. In fact, under the stop and frisk exception, the police can stop you on the street and pat you down for anything illegal...as long as they have suspicion.
What constitutes a stop and frisk? Can one be stopped and not frisked? Or does one action always follow another? A stop is a seizure of a person. There are two types of stops: (1.) a show of force and (2.) a show of authority. With a show of force, an officer must physically lay hands on the person with the intent of detaining them. In a show of authority, the officer 's look, demeanor, and display of authority persuades a person to submit to authority. The key element in this type of stop is that the individual must submit to the show of authority, believe they have been seized, and feel compelled to cooperate.
The plain view doctrine allows an officer to seize – without a warrant – evidence and contraband found in plain view during a lawful observation. A officer to be lawfully present at the place where the evidence can be plainly viewed, The officer to have a lawful right of access to the object, and last but not least the incriminating character of the object to be “immediately apparent.”
In the United States, one of the ways that the judicial branch checks the executive branch is through the exclusionary rule. Under this policy, illegally obtained evidence is inadmissible in court. While this applies primarily to Fourth Amendment protections against illegal search and seizure, it also applies to the Fifth Amendment protections against self-incrimination. This means that if the police fail to inform a suspect of his or her right to remain silent, and the suspect confesses, the confession cannot be introduced as evidence in the suspect 's trial. There has been a great deal of controversy over this, so in recent years, the Courts have relaxed the standard a bit. For instance, courts now apply what is known as the "good faith" exception. Under this standard, if police believed, for instance, that a search warrant was legal, but later found out that it was technically flawed, the evidence obtained in the search would still be admissible.
References:
http://www.lawteacher.net
(Maryland v. Buie, supra; People v. Dyke (1990) 224 Cal.App.3rd 648, 661; People v. Block (1971) 6 Cal.3rd 239.)
http://nationalparalegal.edu/conlawcrimproc_public/ProtectionFromSearches&Seizures/ExclusionaryRule.asp