Study GuideCriminal JusƟce–The Criminal JusƟce System1. The Process of Criminal JusƟce1.1 Rules in Criminal JusƟceThe criminal justice system followsrulesthat come from many sources:•TheU.S. Constitutionand theBill of Rights•State constitutions•Federal and statelaws (codes)•Court decisions•Federal and staterules of criminal procedure•Rules fromgovernment agencies and departmentsFor example, theFederal Rules of Criminal Proceduretell courts across the U.S. how criminalcases should be handled.1.2 DiscreƟon: Decisions Beyond the RulesWhile rules are important,criminal justice also involves discretion. Discretion means making adecision based onpersonal judgment, not just following rules.Discretion happens all the time in criminal justice:•Policedecide whether to investigate, search, arrest, or use force.•Prosecutorsdecide whether to file charges or offer plea deals.•Judgesset bail, accept or reject plea bargains, and decide sentences.Preview Mode
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