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The Two Court System Federal Court System & Kansas Court System
The Two Court System Federal Court System & Kansas Court System *Adversarial System of Justice in The United States of America
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Chief Justice Lawson Nuss and officers from the Ft
Chief Justice Lawson Nuss and officers from the Ft. Leavenworth International Officers Class of 2011
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Types of Courts A. Municipal Court 1. Jurisdiction 2. Types of Cases
3. Location
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Types of Courts B. District Court 1.Jurisdiction 2. Types of Cases
3. Location
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Fourth Judicial District
A. Magistrate Judges Magistrate Kevin Kimball B. District Judges Douglas Witteman
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Court of Appeals A. Jurisdiction B. Types of Cases C. Judges
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Kansas Supreme Court A. Jurisdiction B. Types C. Location
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Supreme Court
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US Supreme Court
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US Supreme Court
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US Supreme Court
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Sonia Sotomayor Sam Alito Elena Kagan Neil Gorsuch Chief Justice John Roberts Stephen Breyer Ruth Bader-Ginsburg Anthony Kennedy Clarence Thomas US Supreme Court
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Elena Kagan US Law.com
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Federal Courts A Constitutional Courts 1. Federal District Courts - KS
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Federal Courts A Constitutional Courts 1. Federal District Courts
- Kansas has 3
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Federal Courts A Constitutional Courts 1. Federal District Courts
a. Types of Juries - Grand Jury (def.) Indictment (def.) - Petit Jury (def.) b. Jurisdiction Federal Question?? 2. Officers of the Court
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Federal Court A Constitutional Courts
3. Federal Court of Appeals- Est. 1891 a. Decision 1.) uphold the decision 2.) reverse the decision 3.) send case back to be retried
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I. What are the written sources of American criminal law?
Constitutional Law(def.) Statutory Law(def.) -federal statute -state statute -city/county ordinances Administrative Law(def.) Common Law (Case Law) Precedent (def.)
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II. Why do societies need laws?
On Your Own Notes – O.Y.O Protect and Punish: The Legal Function of the Law (p. 51) - Maintain and Teach: The Social Functions of the Law (p.51)
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III. What is the difference between civil and criminal law?
Civil v. Criminal Law 1. Civil Law (def.) -Liability (def.) - Preponderance of the Evidence(def.) 2. Criminal Law (def.) - Beyond a Reasonable Doubt (def.) IV. What are the different categories of crime? -Infractions (def.) -Misdemeanors (def.) -Felony (def.)
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VII. How do criminal procedures protect our constitutional rights?
Due Process of Law (5th Amendment – Fed. /14th Amendment – State) Substantive Due Process(def.) Procedural Due Process Adversary System Presumption of Innocence
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Criminal Law Bill of Rights - 4th Amendment -5th Amendment
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Criminal Law Bill of Rights - 6th Amendment - 8th Amendment
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Basic Steps in a Criminal Procedure
Investigation Arrest Booked into Jail/Bond Out/Bail Initial Appearance Preliminary Hearing Arraignment
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Criminal Procedure Trial/Plea Bargain Conviction Pre-sentencing Investigation Sentence Options: Jail Time Probation Fines Treatment
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Vocabulary Barron’s Law Dictionary 4th Ed.
Guilty- requires that the evidence indicate beyond a reasonable doubt … that the defendant committed the crime. Not Guilty – not guilty does not mean the jury found the accused innocent, but simple that the state failed to prove its case beyond a reasonable doubt. Acquit – at the close of the trial, either a jury or court determines that the person has been absolved of the charges which were the bases of the actions – a verdict of “not guilty” acquits the defendant and prevents his retrial under the principle s of double jeopardy.
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Criminal Procedure Arrest Booked into Jail No Arrest No Charges
-Crime Occurs -Citizen Calls Police -Police Officer Dispatched -Preliminary Investigation Crime Report Prepared Investigation by detective division or patrol officer Arrest Charges Brought Booked into Jail Diversion Initial Appearance Preliminary Hearing Bind Over, Grand Jury (usually at st.) Prepared for Arraignment Arraignment Case Preparation Pretrial Motions Not Bound Over, No Indictment
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Arraignment Case Preparation Pretrial Motions Guilty Plea Jury Selection & Trial Bench Trial Dismissal/ Acquittal Conviction Presentence Investigation Sentencing (PSI) Incarceration -Comm. Corrections -Jail -Prison (Parole) “Other Options” Fines, Restitution, Suspended Sent., Condi. Treatment, Unsupervised Probation Supervised Probation Home Confinement Exit
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