Criminal Evidence Chapter 1 Summary

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Chapter one is about the history and development of criminal evidences in the united states legal system. In order to understand our legal system, we must first appreciation the history of rule of evidence. The United States court system had originated in England and was brought to America by the settlers. The rules of evidence are important in all criminal justice systems. They are important because it safeguards the rights of the accused and gives them a fair trial. It also ensures the interests of the public in the proper functioning of the criminal justice system (LD). In England prior to the 1200s, guilt or innocence was decided by some form of ordeal, such as a battle. It was assumed that God would let the innocent prevail in the ordeal…show more content…
It is one of the most important documents in history justice system. The Magna Carta was forcedly created by King John during the late middle century. The idea of the Magna Carta is there had to be probable cause or reason for arrest and imprisonment. According to the Magna Carta even the king, was subject to the law (LD). The Habeas Corpus serves as a safeguard against unlawful imprisonment. A law enforcement official must present themselves to court to show cause for imprisoning someone. Habeas corpus is a kind of petition that prisoner can file in federal court to claim that their imprisonment violates federal law. Whether they are a state or federal prisoner, a federal habeas petition claims that your imprisonment is illegal because their arrest, trial, or sentence violated federal law. It is important to note that even if the defendant is appointed counsel for their habeas petition, they still do not have a right to effective assistance of…show more content…
If it did not properly heal then they were guilty. Usually the federal courts will appoint a lawyer to represent them if one of the following is true. The case involves complex legal issues. The defendant is mentally or physically disabled. The court decides to hold a hearing to investigate the facts of the case. The habeas petition is denied in district court but a certificate of appeal ability is granted to appeal in the court of appeals. When the United State decelerated their independence from England, they made documents making all men equal and have the rights of life, liberty, and the pursuit of happiness. The United States made the constitution and bill of rights. The Constitution is to protect the privilege of habeas corpus and prohibited the abuses of passing bills of attainder prisons and for people to have a right of trial by jury (USH). The bill of rights consists of the first ten amendments and were added to the Constitution. It was originally applicable only to the federal government but then the U.S. Supreme Court applied it to all local law. All people accused of a crime are legally presumed to be innocent until they are proven guilty. Either in a trial or as a result of a guilty plea. This presumption means that the prosecutor must convince the jury of the defendant's

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