CJL3038 Exam 3
Maier Berry Article
(Maier) -Rules that fingerprint experts no longer may tell juries that 2 prints are a match -While fingerprints are indeed "unique" and "permanent", the fail the Daubert test (in order to pass Daubert test, must have testability, error rates, peer review, and stanards. fingerprint does not) (Berry) -Judge reversed Fingerprint decision -Said an expert will be allowed to identify matching details of prints but could not specifically say that a defendant's print matched those at the scene
Legislators
-> Lawmakers people who write and pass laws ex: elected politicians Congress: the legislative branch of government House of Rep: composed of 435 elected officials representative of each state Senate: 2 senators elected from each state
Family of Law: Theocratic Law
-Based on religion and religious values (ex: Islamic Law) -Strong focus on Morals -Combo of societal, legal and spiritual guidelines -Look to religious texts to create law -Law not just used to regulate society, but structure a divine life Present in: Saudi Arabia, Iran
Frye (1923)
-General acceptance in the field is the standard testimony admissibility -created to ensure that pseudoscience was excluded -still used in some states (california, illinois, New jersey)
Family of Law: Socialist Law
-Humans seen as imperfect and flawed (due to societies we are part of. ex: slavery, feudalism, exploitation, etc.) -Law is not neutral or objective -Law used to advance socialist views ex: Self defense - individuals expected to stand their ground, supports courage and wrongdoers forfeit their right to life
Socialist Law History
-Identified w/ Communism (can have socialist ideas w/ formal state and legal systems) -Created by Marx & Engels -Law used as a way to support political and economic domination (powerful classes take advantage of working class) -Working class taught that the law is objective and fair -Predicted that tension b/w rich and poor would continue to build until there would be a revolution -Revolution -> lead to classless society (workers would collectively work and produce goods and there would be no exploitation. no need for laws. individuals regulated and controlled through social pressure and commitment to society) -Russian Revolution 1917, Soviet Union spread ideas internationally -Today's communist views: China, Cuba, Laos, North Korea, Vietnam
Family of Law: Civil Law
-Inquisitorial System -Based on Roman Law (created written laws that would be used to guide decisions) Themes: -Focus on clear written codes (rather than precedent) -Search for Truth -Judges and lawyers work together to gather information -Judges make final decision Present in: Brazil, Mexico, France, Germany, India, etc.
Socialist Law Cont. - in Court
-Judges selected by the legislative branch. Subject to removal and punishment if they fail to follow law -"Comrades Court" ~Minor Disputes (vandalism, traffic issues) ~Established wherever is convenient (factories, apartment buildings, etc.) ~Defendants who are convicted can receive various punishments (ask to apologize, warning, fine, etc.)
Judicial Lawmaking (in courts)
-Key roles of the Courts and judicial precedent -Courts are a method to interpret and apply law
Socialist Law Cont. - Themes
-Property (economy should be publicly owned) -Security (Limits on individual rights to safeguard the government from threats) -Education (promotion of ideas and self-service and self-sacrifice for the welfare of society)
Federal Rules of Evidence (1975)
-Rule 702: Expert Testimony "If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or determine a fact in issue, a witness is qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise" ex: getting experts such as doctors as witnesses to help with testimony w/ evidence -criticized in Daubert vs. Merrell Dow Pharmaceuticals (1993) for not including any reference to "General acceptance" like the Frye method
Unique Structure of International Law
-Separate from other legal systems -Not created and enforced by a state but is a collective (in extreme situations can punish states economically or countries will join to provide a military force to have more authority -Mostly composed of treaties ex: International Convention on the Prevention and Punishment of the Crime of Genocide
Family of Law: Common Law
-The Adversarial System -began as way to create "common" and consistent law. Themes: -Aims to provide certainty and clarity to the justice system to assist in conflict resolution -Judge-made law (key role of discretion and precedent) -Adversarial nature -Participation of average citizen Present in: US, England, Ireland, Canada (not Quebec), Etc.
Families of law themes
-most are a mix of legal traditions ex of themes: trade, travel, colonialism, immigration
Forms of the Law
1. Constitutional Law -Constitution 2. Statutory Law -Statutes 3. Administrative -Executive Agency rules and decisions 4. Common Law -Judicial cases
Lobbyist Functions
1. Contact person -networking for the cause 2. Campaign organizer -gathers support 3. Informant -conveys information to legislators 4. Watchdog -tracks legislative activity and alerts groups to important activity
Sources of Law
1. Legislative law -statutes, ordinances, regulations 2. Judicial law -common law
Functions of the UN
1. Peace & Security 2. Human Rights and Humanitarian Assistance 3. Self-Determination 4. Social & Economic Development 5. Adjudication 6. Legislation
Judicial Review
:The power of the court to examine law and determine if it is constitutional -Due to various sources of law, ambiguous language of statutes and the constitution there is a need for judicial review -Not outlined in the Constitution -Judicial Review was established in Marbury v. Madison (determined that the Supreme Court as the authority to review acts made by other branches of the government)
Appellate Court
:a court that hears appeals from trial courts on points of law -it is the right of the losing party of a trial to request than an appellate court review the case -A group of judges makes final court decisions (3-28 judges can be present)
Characteristics of Legislators
Above average income/upper class (over half are millionaires) Male (70%) White (89%) Married (83%) Christian High Educational Obtainment Lived in one location for extended period Lawyers (50%+ federal, 20% state) -Public sees congress as ineffective but their representatives as good -Most legislators are reelected with high percentages of votes
Who can Appeal
Civil: -Either side can appeal the verdict Criminal: -Defendant can appeal a guilty verdict -Government cannot appeal if defendant is found not guilty -Either side can appeal the case regarding the sentence imposed after a guilty verdict
Views of Legislators
Conscience-Trustee Approach -they are trustees who should use their own judgement when voting on issues Constituency-Delegate approach -they are delegates who should vote in a way that reflects the individuals who they are representing Lead public opinion vs. Support public opinion Research shown: -most willing to oppose their voters views on moral issues (ex: same sex marriage, abortion) -most descirbe themselves as trustees but call themselves as politicos, balance both approaches
Trial Court
Considered finders of fact Hears disputes (witnesses appear) Criminal cases: -court arraigns the defendant, conducts a trial or takes a guilty plea, and, if the defendant is found guilty, imposes a sentence Civil cases: -Similar process, ensures that each party is properly informed of the complaint and conducting a trial or accepting an out-of-court settlement
Post Conviction Remedies
Different than appeals Characteristics: -only can be filed by those in custody -only raise issues of constitutionality -can be more broader than appeals -can bring up issues not raised in court -assert constitutional privileges that have been developed since original trial -unlimited Most common type is habeas corpus -judicial order to someone holding an individual to bring that person before the court (ensure that the government cannot jail citizens without filing charges)
Federal Courts
District Court -94 in the U.S. -single judge presides -juries present in about half of all cases US Courts of Appeal -13 circuits with 3 judges in each -Reviews decisions made by the district courts within their jurisdiction -reviews decisions of federal regulation agencies US Supreme Court -1 Chief Justice, 8 Associate Justices -Certiorari: order issued from higher court to lower court to review a case
Challenges of the UN
Diversity -such diversity in legal systems and legal beliefs that general law enforcement is difficult ex: theocratic legal systems and punishments Complexity -many countries often involved and cases are complicated and not clear cut
Court Organization
Dual Court System -Federal and state are separate However... if a state decision involves issues of constitutionality or federal law, it is handled by the Supreme Court
Judge Selection
Federal Courts -Judges are nominated by the President and approved by Senate -Hold office during good behavior (typically life - Congressional impeachment for bad behavior) State Courts -Variety of Selection Methods: election, appointment for a given number of years, appointment for life, combination
Court Structure
Federal Courts -Power of Supreme Court and Congress -Gives authority over all lower courts State Courts -States have courts to handle specific legal matters Ex: Probate court (wills & estates), juvenile court, family court
Types of Cases Heard
Federal Courts -constitutionality of law -cases involving laws and treaties of the US -cases involving ambassadors -disputes b/w states -bankruptcy -habeas corpus issues State Courts Majority of: -criminal case -contract cases -tort cases -probate cases -family law
Conflicting Precedent
Fingerprint evidence is commonly used and traditionally admitted in court However (when considering Daubert Standards) -- is it testable? developed by scientific method? subject to peer review? standards for the field? known error rates?
Primary Branches of the UN 4. Economic and Social Council
Focus on economic development, environment, population, etc.
Expert Testimony Standards
Frye Federal Rules of Evidence Daubert
Dual Court System: Federal Courts
Hears cases from around the country Cases handled: 78,000 criminal cases and 13,500 criminal appeals each year
Theocratic Law Cont. 2
Huded Offenses -Theft, adultery, defamation, highway robbery, alcohol, apostasy, rebellion -Variety of punishments (amputation, stoning, lashes, etc.) -These are criminal and punished harshly since they cause conflict and harm society overall
Lobbyists
Individuals whose jobs is to influence the passage of legislation (part of interest groups)
The Executive
President. Governors. Functions: -source of what legislators should consider and determines what is priority ex: healthcare reform (Obama) -Catalytic agents (concerned w/ public opinion and support for their program) -Legal instrument (provide approval on legislature) Has authority to prolong the legislative process and to issue executive orders (ex: obama's increase of minimum wage for federal workers) Congress has power against the Executive however (ex: prevention of closure of guantanomo prison camp and prosecution of detainees in the continental USA
Functions of Appellate Court
Primary function - ensure that trial court is properly interpreting the law -provides the opportunity to fill in the gaps of the law (gaps in the law, clarify old doctrines, extend precedent to new situations, overrule previous decisions)
Types of Interest Groups
Traditional Membership Groups -Individuals promoting economic, political, and social concerns ex: environmentalists, education workers Affiliated Organizations Associations -Associations made of many groups ex: business unions Institutional Interest Groups -Organization or institution that wants government support ex: foreign country who wants government assistance
Theocratic Law Cont.
Types of Crimes: Koranic Crimes -Crimes against God that are outlined in the Koran Quesas: physical assault, murder (victim and family may waive punishment, pardon the offender, ask for compensation) Non-Koranic Crimes -Not outlined in the Koran -Ta'zir: private wrongdoings (punishment based on judge decision)
Bramble Bush (cont.)
Types of Precedent Strict -used by a judge or lawyer who wants a past case -"unwelcome" precedent Loose -used by a judge or lawyer wanting to utilize past arguments -"convenience" precedent
Dual Court System: State Courts
Variation across the states Cases handled: 6,600,000 adult criminal cases each year
State v. Oliver (1874)
What happened? -Husband came home drunk, got switches and hit wife multiple times -Witnesses told him to stop --Husband found guilty -- appealed -- verdict affirmed Arguments -damage done to wife did not hinder her ability to work Appeal Argued -his actions showed clear malice and cruelty
State v. Rhodes (1868)
What happened? -Husband struck wife 3 times w/ switch size of finger --Husband won-- Arguments -if it hand't been his wife, it would be battery -violence -- unprovoked -looked to other legal perspectives -"family law" -difficult to address the context the abuse occurred -focus on the damage done
State v. Mabrey (1870)
What happened? -Husband yelled at wife including threats of leaving her -Drew a knife and tried to stab her but a bystander pulled wife out of blows --Husband won -- case appealed -- reversed -- Arguments -He did not strike her or cause injury Appeal argued -it was malicious behavior, great intent to cause fatal harm -the precedent was being preversed
Joyner v. Joyner (1862)
What happened? -Petition for divorce by wife -respectable people in society -Husband hit her with horse whip and switch, abusive to her --court rejected petition for divorce Arguments? -Need to be guards to ensure that people are not abusing the right to file for divorce -Take into account "time & place" (when a life is put in danger ex: pregnant, then miscarriage. and when done in public ex: public shame) and "circumstance of the abuse"
State v. Pendergrass (1837)
What happened? -School teacher charged w/ assault and battery for using switch on student -Marks were left but went away after few days --Found guilty -- then appealed -- judgement reversed Arguments? -Authority figure (a teacher) -Punishments needed to teach -Marks not permanent -Everyone makes mistakes -The use of force was not malicious
State v. Black (1864)
What happened? -wife started fight -husband grabs by hair and pulls on floor (not choke or strike) -wife continues to abuse him --Husband won-- Arguments? -they were separated, so husband's authority should not longer apply -not legally done, therefore the husband still has responsibility to keep his wife in line
Primary Branches of the UN 3. International Court of Justice
a court that hears complaints by one country about another country, leaders and citizens
Double Jeopardy
a second prosecution of the same person for the same crime in the same sovereign after the first trial -outlined in the 5th amendment ensures that a prosecutor cannot appeal an acquittal
Primary Branches of the UN 1. General Assembly
an annual meeting of country representatives to discuss issues and vote -every country gets one vote and major decisions require a 2/3 vote
Primary Branches of the UN 5. Secretariat
conduct studies and provide information to other branches
Legislation
creation of law and legal mandates by the government (legislature) -Laws created in response to: social unrest, conflict, environmental threats, technical innovation -Legislation is most likely to occur in situation where: powerful interest groups are present & public concern is high
Families of Law
different legal families reflect different histories and traditions -attitudes of how laws should be made and enforced
Precedent Reading Discussions:
evaluate the following cases and their similarities
International Law
law that regulates the relationships b/w countries of the world -increased importance b/c of globalization (through trade, cultural interaction, movement)
Primary Branches of the UN 2. Security Council
maintain international peace with resolutions and peacekeeping forces -5 permanent members (China, France, UK, Russia, USA) and 10 relating members
Issues of Precedent made law
Judicial lawmaking is often revised -this can lead to conflict -could possibly provide the opportunity to use the same precedents to argue both sides of same case -precedents can conflict with each other Judge may handle a case in which there is no precedent -judges then look for as similar of cases as possible to apply (results in more of a value judgement) ex: airplanes disturbing the peace (1920's) Precedent is considered a weaker and less powerful source of law than statutes -therefore, judges are not required to follow precedent if the precedent is conflicting with a constitutional right
Appellate Court Steps: 6. Appellate Brief
Law in the Books: Written brief by attorney arguing case in court Law in Action: many arguments are made in the hope one will stick
Appellate Court Steps: 1. Appeal
Law in the books: Legal challenge to a decision by a lower court Law in action: virtually certain if the defendant is convicted at trial (expected if someone wants to utilize right to appeal)
Appellate Court Steps: 5. Appellate Court Record
Law in the books: Transcript of trial and all court documents Law in Action: variation in what is wanted; concise record or a record including everything
Appellate Court Steps: 8. Disposition --> Affirmed
Law in the books: appellate court decision that agrees with the lower court decision Law in action: 7 out of 8 criminal appeals are affirmed
---> Remanded
Law in the books: case is sent back to the lower court for a hearing on a specific issue Law in action: often an indication that the appellate court is troubled by the judge's action and does not wish to reverse
Appellate Court Steps: 2. Mandatory
Law in the books: court may accept/reject Law in action: "routine", little likelihood of succeeding
Appellate Court Steps: 3. Discretionary
Law in the books: court may accept/reject Law in action: this is very rare
Appellate Court Steps: 7. Oral Argument
Law in the books: lawyers argue their case before the justices, who have the opportunity to question the lawyers Law in action: judges complain that they learn little from oral arguments; decision making is hurried by limiting the oral argument
Appellate Court Steps: 8. Written Opinion
Law in the books: reasons given by the appellate court for the decision Law in action: only appellate court decision are considered precedent
---> Reversed
Law in the books: the lower court decision is set aside, and further proceedings may be held Law in action: defendants are very often remanded and re-convicted following trial
Appellate Court Steps: 4. Notice of Appeal
Law in the books: written statement that the defendant wants to appeal Law in action: standards mandate this step to trigger the process
Lawmaking Participants
Legislators Executives Lobbyists
Case Consideration - Appeals
Look to Appeals ppt to read about Hennis Case
Judicial Lawmaking
Made through precedent -stare decisis: stand by what has been decided Precedents are used for... -predictability -certainty -continuity
Dual Court System - Supreme Court (in regards to Federal & State)
Most powerful court, highest authority Cases handled: less than 90 each term (less than 1/3 are criminal)
Trial Court vs Appellate Court
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United Nations (UN)
Organization of countries across the globe Goals: enforcement of international law, prevention of war, protection of human rights, promotion of equal rights, economic development, and social progress across the world
State Courts
Organization varies across states -there are more courts with more limited jurisdictions --municipal courts, family courts, traffic courts. Handle more minor cases 1. Trial Courts -District court, circuit court -hears majority of civil and criminal cases -utilizes juries 2. Intermediate courts of appeals -Not present in all states -Review cases determined at trial court level 3. Court of last resort -Supreme Court -reviews cases decided by court of appeals
Court Characteristics
Passive -responsibility to use the courts for own interests Public -accessible to all citizens
Bramble Bush
Precedent consists of an official doing over again under similar circumstances substantially what has been done by him or his predecessors before Reasons for precedent discussed? -saves time -ensure consistency (prevent surprises in court room) -provides guidance for more experience
Functions of Legislature
Primary function = Lawmaking Other functions: 1. Conflict Management -forces individuals to cater legislation to majority of legislators -idea of compromise -Legislative gridlock: the inability to pass legislation through congress due to a lack of willingness to compromise 2. Abjudication -impeachment, censure, investigation ex: BP oil issue 3. Governmental responsiveness -Actions for the needs of the people ex: IRS issues, social security 4. Appointments -approve the appointments of key legal officials ex: judges, cabinet officials, head of agencies 5. Legitimation -approve of programs, interventions and treaties (acts as a symbol of public acceptance) ex: military interventions
Private International Law
Regulates business and trade internationally applied to: corporations ex: group of Englishmen make a contract in France to sell goods in Paris
Public International Law
Regulates relationships b/w countries and nation-states includes: law of human rights, law of the seas, law of trade, law of outer space, law of war
Daubert (1993)
Testimony must be relevant and reliable (ex: expert must keep to topic) Judges are gatekeepers for: error rate, scientific method, testability, peer review This is the federal standard as well as the majority of states
