Exam 3 CJ -- Chapter 9 and 10

Gideon v. Wainwright (1963)

Defendants are entitled to a lawyer in any trial, even non-capital cases. Courts are required to provide a lawyer if the defendant cannot. The only way a defendant cannot have a counsel is if they knowingly waive their right.

Batson v. Kentucky (1986)

Supreme Court ruled that the use of peremptory challenges specifically to exclude African American jurors violated the equal protection clause of the Fourteenth Amendment -prosecutors cannot use a peremptory challenge to exclude a potential juror solely on the the basis of race

district courts

U.S. district courts of general jurisdiction -94 district courts -hear cases, review evidence, apply legal reasoning in deciding a case

amicus curiae

a brief submitted by a "friend of the court" -may also be submitted by outside parties that have an interest in the case

Subject Matter Jurisdiction

a court based on type of crime that was committed -based on type of case that court is allowed to hear

appellate jurisdiction

a court that hears appeals -concerned with issues of law and whether there were errors made by the trial court

concurring opinion

a judge who agrees with the decision made by the majority but perhaps differs in the reasoning provided by the Court

Brady v. Maryland (1963)

requires that prosecutors must disclose any exculpatory evidence in a criminal case to the defense

federal court system

responsible for managing criminal, civil, and administrative cases under federal law, and local law for the U.S. territories

second female justice(1993)

ruth bader ginsburg

first female justice (1981)

sandra day o'connor

criminal law requires that a criminal court...

satisfy a burden of proof of beyond a reasonable doubt

first woman of color to serve on supreme court

sotomayor

we have a dual court system

state and federal, both work separate and together in a similar fashion

private counsel is appointed by the judge to provide the defendant with an attorney at the expense of the local or state government. true or false?

true

to date, only four women have served on the supreme court: Sandra Day O'Connor, Ruth Bader Ginsberg, Sandra Sotomayor, Elena Kagan. true or false?

true

turnover on the court is a slow process because members of the SC are appointed for life and many serve until death, true or false?

true

when a jury is involved, the judge provides instructions to the jury and answered questions about the law. true or false?

true

in some cases, you can be appointed a private counsel to represent a defendant. true or false?

true -this occurs in districts and states where an office of the public defender has not been established

private appointed counsel or an alternative defender is also used in cases where a codefendant is already represented by the public defender's office. true or false?

true -due to a conflict of interest, this office cannot represent the defendant and the codefendant

federal law and state law can contradict each other, true or false?

true ex. legalization of marijuana by Washington and Colorado, no state punishment for possession but can face punishment under federal law

appellate courts

use a judge or a panel of judges to render a decision -decision at this level can either reverse or uphold the verdict of the lower court

concurrent jurisdiction

when acts that happened in the crime are illegal under both federal law and state law --> as a result, up to federal government to decide whether it will prosecute a case or allow the state to do so, both have jurisdiction

Missouri Plan

-A method of selecting judges that combines appointment and election -3 steps -(1)candidates are nominated by a citizen committee -(2)nominees are presented to either the governor or the head of states judicial system, who then makes a selection -(3) once the appointed judge has served for a year, his or her name appears on a ballot as part of retention election (allows residents of the state to determine whether the individual should remain in position)

cases involving both criminal and civil court

-O.J Simpson (murder case) -Jameis Winston (rape case)

courts of limited jurisdiction

-at the lowest level -misdemeanor cases -specific types of cases: drug, domestic violence, mental health

duties of magistrate courts

-authorizing search and arrest warrants and conducting detention hearings, initial appearances, and arraignments -bulk of work involved civil cases

prosecutor

-brings case to court -represents the state in criminal cases -represents larger community -lead prosecutor is usually an elected official -have high degree of discretion -lead prosecutors and deputy prosecutors in larger jurisdictions -they determine whether charges will be filed, offering a plea bargain and details of the negotiation

magistrate courts

-first level of courts in the federal system -limited jurisdiction -generally hear misdemeanor cases or pretrial matters for more serious cases

U.S. Supreme Court

-highest court that can hear cases on criminal law -generally only hear cases that involve a constitutional question (ex. defendants constitutional rights were violated as a result of her or his criminal conviction) -nine justices -justices are selected by the president of the US and confirmed by the senate -justices appointed for life

courts of general jurisdiction

-no restrictions -hear most felony cases

five primary ways in which a judge is selected(many states use a combination of methods)

-partisan or nonpartisan election -appointment system (governor of state or legislature appoints) -majority of state use combined process aka Missouri plan

state appellate courts

-the appellate level is divided into intermediate level appellate courts as well as a court of last resort, aka as the state supreme court (11 state don't have an intermediate level of appeal)

who hears the cases in the U.S. courts of appeals?

-three judge panel -rare instances, a case may be heard 'en banc' = (full bench hears the case)

Miranda v. Arizona (1966)

Established Miranda warnings of counsel and silence. Must be given before questioning.

Mapp v Ohio (1961)

Established exclusionary rule; illegally obtained evidence cannot be used in court

what cases do state appellate courts here?

- 4 different types of cases - appeals by right (cases the appellate court must hear) (majority of cases heard in state appellate courts are these, generally involving appeals by permission cases) -appeals by permission (reviews lower decisions that the court may choose to accept) -hear cases in which death penalty was imposed -cases that hold original jurisdiction

Three burdens of proof

1. Preponderance of the Evidence 2. Clear and Convincing Evidence 3. Beyond a Reasonable Doubt Preponderance of the Evidence- 51% - for normal civil cases; only property interests Clear and Convincing Evidence- 70%+ - for guardianship/conservatorship types of cases; liberty and property interests Beyond a Reasonable Doubt- 95%+ Proof - for criminal cases; life, liberty, and property interests

who decided whether or not to hear a case in the US SC

4/9 must vote in its favor

bailiff

An officer of court having custody of prisoners under arraignment and provides assistance to members of the jury

dissenting opion

An opinion disagreeing with a majority in a Supreme Court ruling

ancillary members (3)

Bailiff, Clerk, Court Reporter

Katz v. United States (1967)

Expanded the 4th amendment protection against illegal searches, police must obtain a warrant to search and seize evidence in any instance where the defendant has a reasonable expectation of privacy

4th Amendment

Freedom from unreasonable searches and seizures

Terry v. Ohio (1968)

Police can search and seize if they have probable cause/suspicion that the person is armed and is about to engage in a criminal act

5th Amendment

The Right to Remain Silent/Double Jeopardy, right to due process, protects individual from self-incrimination -can't be tried for the same crime twice -cannot be compelled to testify against themselves

Strickland v. Washington (1984)

To show that ineffective assistance of counsel violated the right to counsel, defendants must prove that the attorney committed specific errors that affected the outcome of the case

writ of certiorari

a petition to the U.S. SC to hear a case -court hears only a select few of the cases that it is asked to review each year

court system in the US

adversarial system

circuit courts

as appellate courts, the circuit courts hear cases to determine whether there was error in how the law was applied

civil courts requires that a civil case...

burden of proof: lower standard: preponderance of the evidence

13 courts of appeals called...?

circuit courts

only other african american justice

clarence thomas

what are trial courts

concerned with issues of fact -in these courts, evidence is presented, decisions of guilt are made -may use jury to make a decision

majority opinion

court and its legal reasoning becomes the decision of the case

where does a criminal case begin?

court of original jurisdiction or a trial court, where the case is heard for the first time

Title IX

provides several educational rights to students, including a requirement that colleges and universities investigate allegations of rape and sexual assault

most common offense heard by district courts

drugs(32%) -immigration (26%) (second)

exculpatory evidence

evidence that is favorable to the defense and may exonerate a defendant from any criminal wrongdoing

jurisdiction of the court depends on...

geographical jurisdiction, concurrent jurisdiction , subject matter jurisdiction , and appellate jurisdiction

criminal courts

hear issues of criminal law

civil courts

hear matters of civil law

brief

if a case is granted certiorari, both sides will submit a brief that outlines the legal arguments of their case

prosecutorial misconduct

include behaviors such as the use of perjured testimony, failing to disclose preferential treatment given to a jailhouse informant or misstating the law to the jury which then impacts their decision making process

U.S. courts of appeals

intermediate courts that hear appeals from the U.S. district courts or from federal administrative courts

courtroom workgroup

judge, prosecutor, defense attorney (3 primary members)

Geographical Jurisdiction

local offense = local municipal court state offense = state court federal offense = federal court -a court based on the geographical location in which the crime was committed

clerk

manages paperwork for the courtroom and works closely with the judge

magistrate judges

only judges in federal system that are appointed in manner that is different from other federal judicial appointments -have term limits -selected by the district court judiciary and serve a term for 8 years

oral arguments

parties appear in front of the 9 justices

court reporter

prepares the transcript of the trial and other official hearings

judges

preside over the courtroom -primary decision maker -listens to information and makes decisions applying the law -judge decides whether probable cause exists in a case, determines bail, rules pretrial motions, ensures right of defendant upheld -during trial, judge officiates over the proceedings and rules

what two competing parties in our courts system (US)

prosecution and defense

Innocence Project

prosecutorial misconduct was a factor in 36% to 42% of cases in which an offender was ultimately exonerated by DNA

American Bar Association

provides guidance for ethical challenges for prosecutors

what does the term 'en banc' mean in the U.S. courts of appeals?

the full bench hears the case

what happens after the oral arguments in the SC?

the justices meet to discuss the case and cast their votes to make a decision -decisions are written down in an opinion, which is then used to guide future decisions un similar cases (aka precedent)

defense attorney

the lawyer representing the defendant

judges are appointed by who?

the president (then confirmed by the senate and serve a life term)

appellants

those who are appealing

6th Amendment (1791)

those who have been accused of a crime have the right to an attorney, if cannot afford...the government must provide one to him or her

first justice of color (1967)

thurgood marshall -used to be an attorney

what is the purpose of the state criminal courts?

to try cases that allege violations of state criminal law -majority of criminal cases are heard in state courts -state courts are organized into four tiers based on subject matter jurisdiction

majority of cases involving criminal matters are hard in what type of courts?

trial courts

80% of the justices have been white, male, and protestant in the SC, true or false?

true

In order for a case to reach the SC, all appeals in the lower courts have to be exhausted, true or false?

true

Texas handles significantly more cases than anywhere else in the nation. true or false?

true

attorney in civil case, represents the individual, true or false?

true

cases can violate both civil and criminal law, true or false?

true

criminal cases make up the majority of all cases heard in both intermediate courts of appeals and courts of last resort, true or false?

true

federal judges are nominated by the president and confirmed by the senate, true or false

true

federal law applies to all 50 states but state law only applies to the jurisdiction of that particular state, true or false?

true

federal level, 93 U.S. attorneys, one for each office, true or false?

true

if a prosecutor loses at trial, there is no option to appeal the decision, true or false?

true

in criminal court, only the accused can file the first appeal, true or false?

true

in order to satisfy the burden of the 6th amendment, most jurisdictions have established an office of the public defender. true or false?

true

in some cases, the defendant can act as her or his attorney or to proceed through the case without assistance of counsel. true or false?

true

in the absence of a jury, the judge listens to evidence presented and makes a determination of guilty or not guilty. true or false?

true

majority of cases handled in state courts are heard by limited jurisdiction courts, meaning the offenses tend to be less serious in nature. true or false?

true

most common type of criminal act is a violation of state law, true or false?

true