Running head: CRIMINAL JUSTICE 1
CRIMINAL JUSTICE 4
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1. Criminal law is a branch of law that regulates public relations connected with the commission of criminal offenses, sentencing and application of other measures of the criminal law, establishing the foundation for criminal liability, or exemption from criminal responsibility and punishment. In addition, the criminal law can be understood as a part of legal science, study of the legal industry, as well as an academic discipline that studies the rule of law and general theoretical position. Consequently, the independent criminal justice system is a system of courts, which activity is committed under the criminal law, namely the Penal Code.
2. Fragmented criminal justice system has no center. There is a fictitious connection between the individual localized criminal justice structures to only a small degree of hierarchical and implemented sporadically. Polycentrism is the availability of existence of numerous centers acting in favor of the criminal justice purposes. The purpose of fragmented criminal justice system is to make all socially important functions be carried out at the lowest level of an organization where it can be done. The tasks, which are unresolved at this level, are committed by the central criminal justice structure.
3. The percent of all felony convictions, which are gained by negotiation, is quite high. According to the UNH Study (2000), ninety two percent of all felony drug cases continued with the negotiation process.
4. Plea agreement (or plea bargain) is a written deal permitted by the criminal law, signed by the defense of the accused and prosecutor. Additionally, it is permitted in exchange for the recognition of the accused (defendant) of his fault in case of the less felony. The prosecutor refuses to fulfill a full investigation of the case circumstances, which would have clarified the truth as well as the maintenance charges of a more serious crime (Luna, 2007).
5. Law on the books is found among the legislation acts at the time of their actions as well as among any subsidiary regulations at the time of their actions. Law on the books is also called a written law, which is represented in the laws, acts and regulations, adopted by the proper state official structures.
6. The term law in action refers to the process, which shows how the laws, acts and regulations, adopted by the proper state official structures, are enforced or applied. The process variety depends on the enforcer organizations.
7. The Crime Control Model is a general line, which determines the main directions, goals and means of exposure of the criminality by forming of the criminal, criminal procedure, forced labor legislation, its implementation. The Crime Control Model also concerns the development and implementation of measures aimed at the prevention of crimes. Repression of crime is the main purpose of the criminal justice system in order to defend society.
8. The Due Process Model of the criminal justice is aimed to protect the defendants interests and rights, not victims' rights, because the Bill of Rights is created to protect the defendants' rights.
9. Most people as well as the defendants, victims and other parties of the criminal cases learn about the court hearings and changes in their schedule by the courts notification system.
10. The common law is a legal system that is historically rooted in medieval England; it is characterized by the source of law that is recognized by the legal precedent. The laws regulate certain areas of relations, but are not consolidated into a single system, while the interpretation and application of the law are determined by the common law.
11. The Judge-Made Law is a legal system where the main source of law is recognized by the judicial precedent. The system allows the court to carry out the law-creating function not only in the absence of the law, but if there are not enough clear-cut rules.
12. Any case is considered by the court in accordance with the previous precedent in the similar case. If the same dispute had been resolved earlier, the court is obliged to adhere to the reasoning of the previous decisions; this is known as the principle of stare decisis.
13. Constitution of the state or the Organic Law establishes the underlying principles and general laws of a nation or state.
14. Substantive law is a set of rules of law directly regulating social relations; the emphasis is on establishing the rights and duties of subjects. Procedural law is a part of rules of the legal system that regulates the relations arising among the investigation of crimes, consideration and resolution of criminal, civil and arbitration cases.
15. As a general rule, each party must prove the circumstances, which it refers to as the basis of their claims and objections. Therefore, the burden of proof is composed of the presentation of evidence supporting the circumstances relied upon by the party and persuasion of the court.
16. The principle of the legal certainty states that the law should protect those who do not violate the laws. Therefore, the legal system, which is based on this principle, protects those who obey the law, including the protection from the arbitrary of officials.
17. The Fifth Amendment provides the right to the due process, the right not to be compelled to testify against oneself and guarantee of private property. The Sixth Amendment protects the right of the accused, including the right to a jury trial.
18. The section that is the most used by prison inmates to file suit against criminal justice officials and supposed basis of the inmates action is the violation of the Fifth Amendment that provides the right to the due process, the right not to be compelled to testify against oneself and guarantee of private property.
19. The most common basis for law suits files against police officers is the violation of the prohibition of arbitrary searches and arrests stated by the Fourth Amendment.
20. An alibi defense is a legal term used in the criminal law, which means the existence of objective circumstances showing the innocence of accused or suspect to the alleged crime by virtue of the fact that he/she could not be on the scene of the crime.
21. Justification usually means the recognition of something acceptable, excusable and appropriate and recognition of any right, not guilty. The best example of the justification in the criminal law is recognition of the defendant as not guilty.
22. The dual court system contains a number of courts at different hierarchical levels with varying competence. The courts may be federal (provincial) and territorial.
23. Concurrent jurisdiction is a simultaneous implementation of the prosecution committed both by national and international courts in relation to one individual (or several persons) accused of committing a war crime or crimes against the international law.
24. The geographical (or territorial) jurisdiction of the criminal case is its properties (attributes, characteristics) located in a particular place (country, region, province, city, district, or county). As a rule, it is a place of the crime.
25. The venue is a designation of the court as well as the territory amenable to it.
26. The subject matter jurisdiction is a distribution of powers of the judiciary that is of a particular importance in the existing law. In other words, this is a set of competent and relevant authorities that resolve proper and stated legal disputes and cases of violations.
27. Personal (relative) jurisdiction is based on the considerations of personal convenience of the parties of the judicial process by the onset of residence, place of performance of the contract, etc. The defining principle of personal jurisdiction is, as a general rule, the residence of the defendant.
28. The Court of Appeal is a court of the second instance. In criminal and civil proceedings, the appeal proceedings test the lawfulness and validity of the decisions made by international and federal judges (trial courts). In the courts of general jurisdiction, the courts of appeal serve as the higher courts in relation to the trial courts.
29. The U.S. Courts of Appeal occupy an intermediate position between the Supreme Court and district courts. The first courts were established in 1891 as a result of the need to discharge the Supreme Court of the United States from the increasing number of cases from county (district) courts.
30. In 1937, Roosevelt was forced to focus on the measures that reinforce the foundation of his policy. The major proposal was to reform the Supreme Court. In February 1937, Roosevelt offered to give him the right to appoint additional judges. Soon the Supreme Court reversed its position and admitted a number of important laws as unconstitutional ones.
31. In March 1937, in his addressing to the nation, Roosevelt attacked the Supreme Court. He said that in fact, four members of the Supreme Court came to the conclusion that the right of the lender (creditor) for a private contract to cut from the body of the debtor's pound of flesh was more sacred than the main purpose of the Constitution. Actually, this aimed at ensuring resilience and vitality of the nation. Now, undoubtedly, the main purpose of the U.S. Supreme Court is to ensure resilience and vitality of the nation.
32. Crime (felony) is the offense, commission of which involves the application of measures to face criminal prosecution. Misdemeanor is an action or omission that infringes on the established laws or regulations or public relations characterized by a small public danger.
33. The term trial de novo means the review of the case on the merits or check in some form of legality and validity of previously made decisions. In other words, it is a full re-examination of the case in which the judgment is not yet in force. The term de novo is a Latin expression meaning from the beginning, anew.
34. The assembly-line justice is a rapid handling of cases, without a full and complete explanation of all the circumstances of the case and sentencing without paying attention to the details.