Criminal efficientism

Classified in Law & Jurisprudence

Written at on English with a size of 4.36 KB.

Criminal procedure- Inquisit- (legality princp) neutral oficer conducts the investigat nd judge or panel of judgs determine guilt or inoc. Bried nd informal afair conducted by presiding judge no jury. Acuse has to testify, no req atendance of al witnes can last 1 yr. Adv- (oportunity princp) grnd jury nd jury is dif. Starts w police invest aims on suspect. Held b4 neutral dec maker w no prior knowledge of case. Defendant right of jury, atorneys conduct trial- continuos nd subject to princ of orality. Criminal invest- public pros, police, privat pros, popular acusat, civil plaintif, investigat judge, grand jury. Trial- defndnt, jury. SP-acusitorial princ- someone has to acuse- if not no case, can b public prosecutor (pursued by pp), popular (only pros if victim files report) or priv acusation (only pros if victm files complaint). Orality nd imediacy- evidnc produce during trial only. Free ases of ev- judge acordin to his best knowldg. In the us- public prosecut. Universal principles- burden of prof, double jeopardy, due proces. Eu right to aces to lawyer- right to aces nd right to have rights in writing. Detention time SP- police- max 72 hrs. Search of property or persons-US- right to protect 4 amendment- be secure in their persons, houses nd efects against unreasonab search nd seizure. Only apon warrant-exceptions: consent, automobile excep, terry stops, border searches. Miranda rights- except when routine book questions by police, public safety exception. Probable cause- anything police finds that is excluded from the proces, evidence not valid in cort. Sp- art. 123 suspect rights. Art 18- is like 4th amendment- 1. Consent of search, 2. Cases of flagrante delito, 3. Judicial warrant. Warrant must be based on reasonable grounds.

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