Lap 4 Crime with a little justice

Know the only court mentioned in the Constitution

1. Supreme Court

2. “Trial of all crimes…shall be by jury…defendant has the right to confront opposing witnesses…Supreme court will settle disputes between the states…Congress established all other courts as necessary...”

Know the guarantees of the 6^th and 7^th Amendments

1. 6th Amendment

   1. the right to a speedy and public trial, and an impartial jury, to confront witnesses, and to have counsel for defense. 

2. 7th Amendment

   1. the right to a trial by jury in civil cases at the federal level

Know the law that formally established the dual court system

 Judicary Act of 1789

Know the three levels of federal courtU.S. District Courts

1. U.S. District Courts

2. Circuit Courts

3. Supreme Court

Jurisdiction:  know four types of issues would be heard in federal court

1. break a federal law 

   1. Drugs- 29% all of federal cases

2. constitutional issue

   1. Politics, rights (ex: desegregation,) etc. 

3. People of/between two states (or countries)

4. Greater than $75,000

   1. Civil suits take majority of court time- bankruptcy, copyright and patents, postal fraud, etc.

Jurisdiction:  know two issues that would be heard in state court

1. Break a state/local law

   1. most crimes are a violation of state law

   2. most cases are routine with little dispute of fact or law

   3. Most end in a guilty plea before trial

      1. pleas are 90% of all criminal convictions

2. Less than $75,000

   1. most court cases are civil

1. Know the types of trials that are the most common in Federal and state cases

1. federal trials

   1. break a federal law (drugs)

   2. contitutional issues

   3. something crosses state lines

   4. gratter than 75,000

Know the jobs of a prosecutor outside the courtroom

not sure

Know the jobs of a prosecutor during court

not sure

Know the job of the defense attorney

1. represents the attorney 

2.  bargains plea deals for their client

3. proves evidence/established doubt

Know what attorneys might consider when questioning the jury pool (BAKE)

Background, Acquaintances, Knowledge of case, and experience similar to case

Know the requirements for to be a juror in Missouri and excusal from service

1. to be considered you must be 21 or older you need to be a citizen of the United States and be a resident of the state to be a juror

2. you can be removed if the judge defense or prosecution thinks you will be biased and for any reason they decided

Describe the duration of service

not sure

Know how are jurors compensated

they get paid for their time depending on where they live is how much they get paid

1. Know several elements included in a good opening statement

1. identify the crime/charges against the defendant

2. personalise the defendant and make them sympathetic

3. tell the general story of the crime

4. identify the possible doubt

5. Identify the argument of the other side

6. identify the evidence or the witness testimony to be presented

7. request a verdict

adversarial system

lawyers from each side represent their clients

bench trial

just a judge with no jury at the trial

Habeas corpus

a written judicial order from a judge to have someone in jail released

voir dire

1. for a fair trial, lawyers question potential jurors to determine bias or prejudice

challenge for cause

removal of a juror because they showed bias

peremptory challenge

removal of a juror without reason

sequester

removing the jury from the public and public influence. Often will put them up in a hotel.

summons

Mail saying you have to come to court. Either for jury duty or something like we have a photo of you running a red light. boom court.

Contrast the issues heard in state superior and inferior courts:

1. Superior:

   1. major trial courts

   2. civil cases dominate court dockets

      1. personal injury, probate/estate, domestic (largest)

2. Inferior:

   1. traffic (majority), small claims, misdemeanor

Contrast reasons for a “removal for cause” and a peremptory challenge

1. removal:

   1. unsuitable due to a bias

      1. unable to make fair decisions

      2. BAKE- 

2. Peremptory

   1. unsympathetic to their argument or removal without a reason

      1. limited (6 each, 9 if capital)

      2. CAN’T be for race or gender

Contrast the functions of judges and jurors:

1. Judges:

   1. makes a judgement in non-jury trials

   2. sentences guilty paries

   3. natural decision makers

   4. decides issues of law/ensure the rules are followed

   5. sets bail/hears motions and pleas

   6. presides over the trial

2. Jurors

   1. represents the community

   2. protects against biased officials

   3. examines the evidence

   4. determines guilt  or innocence

   5. recommends sentences

Contrast the jobs of court clerks, bailiff, and court reporters:

1. Clerks

   1. maintains court records

   2. oversees jury selection

   3. collect fees

   4. dockets cases

2. Bailiff

   1. takes people into custody as instructed by a judge

   2. maintain order and and security in a court room

3. Reporters

   1. document and type on a stenotype anything that happens and is said during a trial