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.