2.1: Overview, Objectives, and Key Terms
Overview
In this chapter, we examine the structure and the foundations of the criminal court processes. The theories of due process, fundamental fairness, and equal justice are demonstrated and applied to the process. By the end of this chapter, you should be able to identify the different levels of criminal courts, and how the local, state, and federal court work to address the jurisdiction of crimes. This chapter also begin looking at the rights of the accused and why these protections are in place to protect the innocent. These rights will be examined in depth in later in the course but provide the foundation for understanding the key concepts of due process and fundamental fairness.
- Be able to describe the American dual court system.
- Identify the role and jurisdiction of the federal, state, and local courts.
- Explain state and federal substantive law.
- Explain the differences between the grand jury and preliminary hearing process.
- Identify the rights of the accused.
- Outline the steps of the criminal court process.
Key Terms
dual court system, substantive due process (state & federal), Model Penal Code, right to counsel, pretrial detention, criminal complaint, grand jury, indictment, preliminary hearing, information, pre-trial motion, plea bargain, right to trial, sentencing, double jeopardy, parole, commutation.