CJS 101 Lecture Notes - Lecture 26: Summary Jurisdiction, Due Process
Document Summary
Distinction lower/higher courts (2% of criminal cases) No dual process in lc (legal requirement of state to respect all legal right that are owned to a person) Due process in lower courts ruled out as unnecessary on 2 grounds: ideology of triviality: too trivial to attract attention, legal relevance: straight forward case. 98% of crim case become exception to the rule of real law". Increase in use of lawyers in local court increased rise to referral to law. This may be cause of politicians" push to increase efficiency by using lawyers but this made the local court less efficient. District judge said that local court is law free zone with no placed for referral to law, rather just common sense. If less complicated cases are being diverted away, then all cases in local court are more complicated with extra time to argue and increase complication. Dealt with summarily unless either d or p elect otherwise.