State Courts and Criminal Law

Flashcards reviewing the structure of state courts, judicial selection, criminal law basics, trial procedures, and civil law concepts.

State Court Structure

Each state court is unique in its organization and jurisdiction. State courts interpret their own constitutions, which often provide broader protections for citizens.

Trial Courts of Limited Jurisdiction

Handle minor cases such as infractions and misdemeanors. Proceedings are typically not recorded, and appeals may lead to a new trial.

General Jurisdiction Trial Courts

Handle more serious criminal and civil cases, including juvenile criminal offenses. They may also have an appellate function from lower courts.

Intermediate Appellate Courts

Relieve the workload of the state's highest court, with statewide jurisdiction. They can sometimes be the court of last resort.

Court of Last Resort

The final arbitrator in matters pertaining to state law. Functions similarly to the Supreme Court in selecting cases.

Juvenile Courts

Some states have separate courts for family or juvenile matters, focusing on norm enforcement, maintaining social norms, and administering regulations.

Courtroom Work Group

Prosecutors, judges, and defense attorneys working together to expedite processes and avoid trials.

State Court Policymaking

State courts determine issues such as school district spending, voting rights, civil liberties, and same-sex relationships.

Selection of State Judges

Methods include partisan elections, nonpartisan elections, merit selection, gubernatorial appointment, and appointment by the legislature.

Merit Selection

A method of judicial selection involving a panel recommending candidates to the governor, followed by retention elections.

Goals when selecting a judge

Diversity, quality, and independence. The method of selection impacts these goals.

Challenges to Judicial Independence

Partisan elections can harm independence, with judges potentially ruling in favor of the party that elected them. Increased spending by special interest groups also threatens judicial impartiality.

Retirement and Removal of State Judges

Many states have mandatory retirement provisions. Impeachment, recall elections, and legislative resolutions can also be used to remove judges.

Impact of Elections on Sentencing

Reelection pressures can cause judges to sentence more punitively and vote less frequently in favor of the defendant.

NJ State Court Shortages

Shortages have led to delays in divorce and civil lawsuits, exacerbated by COVID-19. Senatorial courtesy and mandatory retirement at 70 contribute to the issue.

Senatorial Courtesy in NJ

A tradition allowing state senators to veto judicial appointments in their county, giving them power over judicial nominations.

DeVesa v Dorsey

Affirms the constitutionality of senatorial courtesy in judicial nominations, clarifying the Senate's power to withhold action on a nomination for any number of reasons.

NJ State Supreme Court

Composed of seven justices, with the seventh justice being from the same party as the governor. Judges serve an initial 7-year term and can be reappointed for tenure.

Criminal trials priority

Criminal trials are prioritized during judicial shortages due to the constitutional right to a speedy trial.

Criminal Law Definition

An action that violates a criminal statute enacted by Congress, a legislature, or a public authority; an offense against the state punishable by fine, imprisonment, or death.

Elements of a Crime

Spelled out definition and penalty, cannot be ex post facto or a bill of attainder, actus rea (the action), mens rea (the mental element), injury, and a causal relationship.

Arrest with Warrant

Based on a complaint filed by one person against another, reviewed by a magistrate who finds probable cause.

Arrest without Warrant

Occurs when a crime is committed in the presence of a police officer and probable cause is readily available.

Appearance before a Magistrate

Happens within 24 hours of arrest. The accused is informed of charges and constitutional rights, and bail is determined.

Grand Jury

16-23 citizens selected at random to determine if probable cause exists for a trial. The prosecutor presents evidence, and the accused is absent from proceedings.

Preliminary Hearing

An alternative to a grand jury, where the prosecution presents the case and the defense can cross-examine witnesses. If probable cause is determined, a bill of information is filed.

Arraignment

The process where the defendant is brought before the judge, the charges are read, and the defendant pleads guilty, not guilty, or nolo contendere.

Plea Bargain

An agreement where the defendant pleads guilty in exchange for leniency, such as reduced charges or a lighter sentence.

Adversarial vs. Inquisitorial Systems

An adversarial system has two sides (defense and state) opposing each other, while an inquisitorial system has the judge as the primary actor conducting inquiries to find the truth.

6th Amendment Rights

Guarantees a speedy and public trial, an impartial jury, the right to be informed of charges, to confront witnesses, and to counsel.

5th Amendment Rights

Protects against double jeopardy and self-incrimination.

4th Amendment Rights

Prevents illegal searches and seizures of evidence.

Voir Dire

The process of questioning potential jurors to eliminate bias and ensure an impartial jury.

Peremptory Challenges

Requests to the court to exclude a juror without giving a reason, though they cannot be used to exclude people based on race.

Jury Instructions

The judge's explanation of the law and its applications to the jury, which can influence the jurors' decision.

Sentencing Goals

Retribution, incapacitation, deterrence, and rehabilitation.

Appeal

Based on the contention that an error of law was made during the trial. Success rates for overturning verdicts are generally low.

Civil Law

Relates to duties and disputes between private citizens. Includes torts, contract law, property law, and family law.

Torts

Law of civil wrongs, includes personal injury, product liability, and medical malpractice. Awards can be compensatory or punitive.

Law of Succession

How property is passed from one generation to another, including wills and inheritance laws.

Preponderance of the Evidence

The standard of proof in civil cases, meaning it is more likely than not (51% to 49%).

Burden of Proof in Civil Cases

The plaintiff has the burden of proof.

Filing Civil suit

Plaintiff initiates it by paying a fee and filing the complaint or petition.

Discovery

The process of obtaining and presenting information, including depositions, interrogatories, and production of documents.

Motion for Directed Verdict

Before the defense case in chief, the defendant makes a motion for a directed verdict, saying the plaintiff hasn’t proven their case