Criminal Courts: Ch 1 and 2
Trial Courts
Courts of Record, Transcripts, Court of Facts
Instantiate
Criminal courts enforce this law.
Feminist Legal Theory
Most prevalent spin-off movement of Critical Legal Studies.Focuses on POWER in relation to GENDER. Many areas such as abortion, employment, family law subject to FLT. Three branches
Judges
Neutral Party
Options for Court
Null Pros or Acquittal
13
Number of judicial circuit courts
Critical Legal Studies
One of the most dynamic and controversial perspectives on law. there would be few legal skills classes and more of a major focus on mastering social and political theory and an analysis of the existing social system.
Dispute Resolution
People engaged in disputes with others
Civil Participants
Plaintiff - person suing, Defendant - person being sued
Components of Criminal Justice System
Police - arresting, Court System - middle man, Corrections
Due Process model
Primacy on the right of the individual to be protected from the power of the government. The state must prove a person's guilt within the confines of a process designed to safeguard personal liberties as enumerated in the Bill of Rights.
Entrapment
Procedural Defense - a violation of due process, Substantive Defense - Can't prove the substance of the case
Adversarial System
Prosecution v defense, put up your Dukes, both sides are represented, based on presumption of innocence
Writ of Certiorari
a common law writ issued by a superior court to one of inferior jurisdiction demanding the record of a particular case
US District Court
above magistrate but below Circuit Court, appointed for life, federal felony trial court, 1 judge hears cases and makes decisions, federal and civil jurisdiction
Amicus curiae
an adviser to the court on some matter of law who is not a party to the case
3 reasons to go to trial
an issue in dispute (quantitative nature), absolutely nothing to lose, b/c you're and idiot.
US Circuit Court of Appeals
appointed for life, above District Court, federal appellate court, 3 judges will hear the case,
Injunction
ask a judge to order someone to do something or stop them form doing something, sometimes temporary
Exclusive Jurisdiction
authority of only federal courts to hear and decide cases
Jurisdiction
authority to hear a case. Also the way the courts are organized by
Administrative Law
body of laws, rules, orders, and regulations created by administrative agencies
Elements of entrapment
not predisposed to commit crime, government will have to show that the subject WAS predisposed, mere encouragement is not entrapment
Switching to Federal Court
you can claim that your federal rights were violated, or it is a diversity case
Magistrate / City Court
Limited Jurisdiction - cane hear small cases, usually 30 days or less
Muller v. Oregon
Women in the workforce
Diversity Case
Litigation in which a citizen of one state sues a citizen of another state and the amount of money in dispute is more than $75,000
Main Actors
1) Judges 2) Prosecutor 3) Defense Council
Uses for Law
1) means to regulate the behavior of society 2) settle disputes between grieving parties 3) elicit change in current practices or ideas
Functions of Law
1. Social Control, 2.Dispute resolution, 3. Social change
US Magistrate Court
8 year terms, appointed by district judge, will hear federal misdemeanor trial, can also hear federal felony pretrial motions, bail issues, sepena issues, but does not have fed jurisdiction
US Supreme Court
9 justices, 8 associate justices and 1 chief, highest level, appointed for life by president, very political appointment, they select which cases they want to hear
Legal Realism
A school of legal thought of the 1920s and 1930s that generally advocated a less abstract and more realistic approach to the law, an approach that takes into account customary practices and the circumstances in which transactions take place. This school left a lasting imprint on American jurisprudence.
Appellate Jurisdiction
Court of Law, only about 1/16 get a major victory on appeal
Burden of Proof
Beyond a reasonable doubt
Common Law
Comes from England, Louisiana's comes form France, based on precedent.
Appellate Court of Last Resort
Federal - The Supreme Court or State - the State Supreme Court
Entrapment
Government Agents induce a person to commit a crime they would not otherwise have committed
Procedural Law
Group of laws that define the methods for enforcing legal rights and duties, the steps they will put you through once they believe you committed a crime.
State Court
Hear 2 main types of cases - criminal and civil
Bench Warrant
If you miss roll call this is issued
Judiciary Act of 1789
In 1789 Congress passed this Act which created the federal-court system. The act managed to quiet popular apprehensions by establishing in each state a federal district court that operated according to local procedures.
State Appellate
Intermediate SC Court of Appeals, not all state have one, SC Supreme Court - if you lose here you may be able to switch to federal court,
Special Courts
Juvenile, mental health, drug
State Court of General Jurisdiction
SC General Court of Sessions, most felony cases, handle trials and guilty plea, court docent, in SC by law the Solicitor calls cases, they will call stronger cases first, have to show up every month
Criminal Court
Settles wrongs committed against the public or the state
Immediate Appellate Courts
Some jurisdictions have them, if properly applied the court has to hear it, the decision is usually the final decision
Military Courts
Still federal
Adversarial
The criminal justice system is this
Limited Jurisdiction
They have trial original jurisdiction which means they can take it all the way through the trial. They also do some preliminary things on cases
Marbury v. Madison
This case establishes the Supreme Court's power of Judicial Review
Special Courts
Tribal, Military, Bankruptcy
Lowest Level Court
US Magistrate Court
Duel Court
US has this system
Concurrent Jurisdiction
When there are multiple charges (usually small and large) together, can send stuff up or down.
Law
body of rules of specific conduct, prescribed by existing, legitimate authority, in a particular jurisdiction, and at a particular point in time. Expression of the needs of the ruling class, can be seen as either liberating, oppressive, preserving the status quo, or providing the means and opportunity to challenge the existing social order
Classical Jurisprudence
concerned with applying a strict interpretation and application of the law
Sources of Law
constitution, statutory law, case laws, common law
Webster v. Reproductive Services
control of women's reproduction
Statutory Law
created by city council, state, or federal elected officials
2 theories about C.J. system
crime control model and due process
Drug Courts
criminal cases where the defendant who is involved has some sort of addiction, go into program and complete and charges will be dismissed, tries to help immediately and supposed to be therapeutic
Different Prosecutor Names
district attorney, the state, solicitor, attorney general, the government
Jury Trial
done with a jury
Civil Cases
family, divorce, probate, (federal) Bankruptcy
Bankruptcy Court
federal court to help debtors
Trial
go to court and they find you guilty or not guilty
Typical Case Steps
has to be a law, act or violation of law, defendant will be arrested or charged, bail set, preliminary hearing (decide if charges should stand), Case will be sent to grand jury, case goes to trial, before trial there is a period of discovery, plea negations, if he loses he will be sentenced, will appeal
Tribal Courts
have own government but federal courts can control them
Rule of 4
if you appeal it at the supreme court 4 of the justice have to agree that there is some constitutional issues or national importance
Case Law
judge made law about actual decisions, usually specific
Sociological Jurisprudence
legal theory that emphasizes the importance not merely of precedent but of contemporary social context in interpreting the law. founded by Louis Brandeis. the people's lawyer.
Types of Civil Judgement
monetary, declaratory, injunction
Criminal Cases
most don't go to trial, they end in a guilty plea, routine cases, trial is expensive
Social Control
most visible from is application - being arrested, prosecuted, and sentenced. Also Informal and Formal,
Null Pros
nolle prosequi - dismisses the case after the indictment but before the trial
Informal Control
norms of behavior
Claiming/ dispute
occurs whenever a victim believe that they have been injured, have identified a particular victimizer, and formally express a grievance against the person or organization responsible for their victimization
Transcripts
only produced when ordered, have to maintain records for 6 months, very expensive
Civil Law
originated in ancient Rome, stresses codification made by Justinian
Crime control model
primary emphasis on the right of society to be protected from crime and violent criminals.Emphasize speed and efficiency in the criminal justice process; the benefits of lower crime rates outweigh any possible costs to individual rights.
Social Change
process whereby ideas and practices are modified either actively or passively through natural forces or deliberate social actions
Evarts Act
reform act introduced to create what is the current scheme for federal appellate review , introduced in 1891 and sponsored by New Jersey lawyer William M. Evarts, this act created circuit courts of appeal to hear appeals emanating from the US District Courts
Appellate
review decisions of a trial court
Civil Courts
settles disputes between people
Defense Council
sometimes paid for by the court if defendant is indigent. Least powerful person
Constitution Law
state, federal, anti-majority
Stenburg v. Carhart
statute banning partial birth abortions, came back in Gonzales v. Carhart
Types of Law
substantive, procedural, common, civil, administrative, criminal
Monetary Judgement
suing for money
En Banc
the case will be head with all circuit judges present, All Supreme Court Cases but sometime Court of Appeals
Mental Health Court
the defendant suffers from some kind of illness, if they complete mental heath court the sentence will be dismissed
Substantive Law
the do's and don'ts of criminal law , law that defines, describes, regulates, and creates legal rights and obligations
Subject Matter Jurisdiction
the type of case a court can hear
90%
this % of all felony convictions come from guilty pleas
Naming, Blaming, and Claiming
three stages in the evolution of disputes
Criminal
traffic court, bond, magistrate/city
Blaming/ conflict
translating your victimization into a formal grievance
Bench Trial
tried in front of a judge
Prosecutor
trying to put defendant in prison, most powerful person in the court room
Civil and Criminal
types of cases a particular court can hear
Preponderance of Evidence
used in civil cases, legal standard of proof
Interdistrict disparity
variation among different jurisdictions in the application of laws, even if some laws are similar.
General Jurisdiction
very broad, can handle all criminal matters in that general area, common please court, Court of General Sessions
Declaratory Judgement
want the court to declare something, remember the fence example
Naming/ grievance or pre-conflict stage
when you are able to identify yourself as a victim
Standard Preponderance
when you sue for something you present evidence that they did or did not do something.