Criminal Law Purposes, Scope, and Sources

Flashcards based on Chapter 1 notes covering criminal law goals, court processes, writs of certiorari, and government branches.

What is certiorari?

A form of review of lower court decisions by the U.S. Supreme Court that is discretionary with the Court.

What is the traditional legal doctrine regarding a denial of certiorari?

Traditional legal doctrine is that no conclusion can be drawn from a denial of certiorari.

How frequently are writs of certiorari granted by the Supreme Court?

Writs of certiorari are infrequently granted, and most petitions requesting them are denied.

When is a conviction usually final after state court appeals?

Once a conviction has been affirmed by the highest state court, it is usually final.

On what grounds is a defendant entitled to ask the U.S. Supreme Court to review a conviction?

If the defendant raises an issue about the constitutionality of the conviction under the U.S. Constitution.

What happens to a conviction if a writ of certiorari is denied?

If the writ is denied, the conviction is final.

Through what mechanisms is limited post-conviction review possible?

Limited post-conviction review is possible under state post-conviction review laws and through use of the writ of habeas corpus.

What do criminal laws regulate?

Criminal laws regulate human conduct.

What are the goals of criminal law listed in the notes?

Public order and protecting basic rights.

Which branch of government enacts laws?

Laws are enacted by the legislative branch.

How does the chief executive participate in the lawmaking process?

The chief executive participates by signing or vetoing proposed laws.

Which government leaders provide leadership on proposed laws?

The state governor and the U.S. president provide leadership on proposed laws.

What type of writ is issued by the U.S. Supreme Court to review a lower court's decision?

A writ of certiorari.

Who exercises discretion over whether to grant a petition for certiorari?

The U.S. Supreme Court.

What role do both the president and governor play regarding information about proposed laws?

Both the president and governor provide information about proposed laws to the public.