The process of assuring fundamental fairness in the application of criminal justice
Define the term probable cause
The facts and circumstances which would lead a reasonable person to believe that a conditions exists that justifies the action to be taken
Define the term proof beyond a reasonable doubt
The accused's guilt must be be established to the point that the facts proven must, by virtue of their probative force, establish guilt.
Define the term preponderance of evidence
Where there is more likelihood of an event than there is doubt
Describe the principle of factual guilt plus legal guilt
The accused did in fact commit the crime or act in question, or there is substantial evidence of proof beyond a reasonable doubt that the accused did so.
State the 3 components of legal guilt
Was the accused properly treated in being brought to justice
Was he or she given his/her procedural rights
Was due process adhered to
Contrast the crime control perspective with the due process perspective
Crime control perspective The focus is on factual guilt and and speedy processing of the accused through the system Tends to view the offender as guilty until proven innocent. Nicknames "assembly line justice" Due process perspective The accused is afforded the proper constitutional and civil laws Emphasis is placed on following the proper procedures It is nicknamed "obstacle course justice" because of the number of technicalities built into the system.
Define the term civil rights
The rights and privileges afforded all persons in society by the legislative acts of congress, the state, and local ordinances.
State the language of 42 U.S.C. 1983
Every person who, under color of any statute, ordinance, regulation, custom or usage, or any state or territory, subjects, or causes to be subjected, any citizens of the Unites States or other persons within the jurisdiction thereof the deprivation of any rights, privileges, or immunities secured.
Want to see the other 10 Flashcards in Philosophy and Principles of the American Government?JOIN TODAY FOR FREE!