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…
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crimes and criminal procedure has been recognized by the courts as in force, except insofar as it has been abrogated or repealed, expressly or impliedly, by statute.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…
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
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…
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…
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