Criminal Courts Final Exam

Daubert Standard

established that trial court judges are supposed to act as gatekeepers who have a special obligation to ensure the reliability of scientific evidence

What is the first Daubert Factor?

Empirically testable and capable of replication

What is the second Daubert Factor?

Published and/or subjected to peer review

What is the third Daubert Factor?

Known or potential rate of error is acceptably low

What is the fourth Daubert Factor?

Is logical, avoids bias, and has construct validity

What is the fifth Daubert Factor?

Adheres to recognized research methods, and proper sampling and statistical procedures for data analysis

What is the sixth Daubert Factor?

Generally accepted in the relevant scientific community

Frye Standard

prevents unfounded scientific principles or conclusions based on such principles from being used at trial

Standard of Review

how much deference an appellate court will afford to the decisions of a judge, jury, or administrative agency in an appeal

4 types of evidence

testimonial, real(physical), Demonstrative, and scientific

Procedural law

establishes the methods of enforcing legal obligations

Procedural Law Example

trials

Substantive law

creates legal obligations

Substantive Law Example

criminal law( murder, robbery), civil law( contract and domestic relations )

3 characteristics of common law

Judge made law, precedent, multiple sources of law

Types of multiple sources of law

constitutions, statues, administrative regulations, judge made law

5 standards and burdens of proof

Reasonable Suspicion, Probable Cause, Preponderance of Evidence, Clear and Convincing Evidence, Beyond a Reasonable Doubt

Arkansas State Court Organization

Big 5 Amendments

-4th ( no unreasonable search and seizure)

-5th ( double jeopardy, self incrimination)

-6th ( right to speedy trial, counsel, and jury of peers)

-8th( cruel and unusual punishment/excessive bail)

-14th( due process/equal protection)

12 Steps of Felony Cases

-crime

-arrest

-initial appearance

-charging

- arraignment

-discovery

-pretrial motions

-plea negotiations

-trial

-sentencing

-punishment

-appeal

Whisnant Case facts

- Boyfriend acts as an agent of the government and turns girlfriend in for possessing firearm as a felon

-boyfriend goes through purse and finds stolen checks and credit cards

-Gun in plain view when police get there

-Whisnant won't cooperate

- Whisnant says 4th amendment was violated/ moves to suppress

6 constitutional limits on criminal law

-bills of attainder and Ex Post Facto( no punishment w/o trial & no retroactive laws)

-Statutory clarity: laws must be clear

-speech and religion

-privacy

-Bear Arms: protects gun owners

- Big 5

Whisnant decision

4th amendment was violated

Judge Selection in Arkansas

Nonpartisan election

Trial vs. Appellate Courts

-Trial Courts: Arraign defendant, conduct trials or guilty pleas, and impose sentences

-Ensure proper interpretation of the law( w/o hearing testimony or using juries), decisions made by a panel of judges

Article 3 courts

constitutional courts, establish the federal judiciary

Article 1 courts

Legislative courts, presided over by bankruptcy judges and magistrate judges

4 levels of jurisdiction

-geographical

-subject matter

-personal

-hierarchical

Problem solving courts key elements

-Immediate Interventions

-Non-Adversarial Adjudication

-Hands On Judicial Involvement

-Treatment& Rules/Structure

-Team Approach

Examples of Problem solving courts

drug court, domestic violence court, mental health court

Assembly line of justice

the fast and efficient movement of cases in and out of the court system

Metcalfe article

- informal relationships affect efficiency

-Prosecutor judge familiarity increases guilty pleas

-defense attorney familiarity may slow resolutions

-gender similarity speeds up plea deals especially guilty pleas

Factors of charging decisions

-seriousness of offense

-culpability of defendant

-harm caused

-cooperation

-subject to another jurisdiction

4 types of prosecutorial misconduct

- failure to disclose exculpatory evidence

-introducing false evidence

-using improper arguments

-discriminating in jury selection

Requirements to prove prosecutorial misconduct

-misconduct occurred

-it caused prejudice to the defendant

Elements of Brady Violation

-evidence is favorable to the accused

-evidence was suppressed by the state(willfully or inadvertently)

-prejudice resulted from suppression

Brady v. Maryland Facts

-Maryland state found Brady guilty of first-degree murder

-Brady said he didn't murder anyone he just robbed them

-found out partner confessed to the murder after trial, but prosecution suppressed this

-ruled that prosecutors suppression violated due process

Gideon v. Wainwright Facts

-charged in Florida court for burglary

-demanded a court appointed lawyer and judge said nope

-found guilty, appealed

-SC said that 6th amendment right was violated

-established right to counsel for all criminal defendants

Nelson hearing

-defendant wants to address issues with court appointed counsel

-often related to ineffective assistance of counsel

Faretta Hearings

- defendants want to represent themselves

-judge assesses understanding of legal process, charges, and consequences

- judge may appoint stand by counsel for assistance

Ineffective counsel requirements

-serious errors or deficiencies by counsel

-prejudice: reasonable probability that the trial outcome would have been different

Batson v. Kentucky

Equal Protection Clause of 14th amendment prohibits prosecutors from exercising peremptory challenges in a racially discriminatory manner

Major Sentencing Philosophies

-Retribution: punish wrongdoers

-Incapacitation: remove offenders from community

-Deterrence: prevent the commission of future crimes

-Rehabilitation: restore offender to a constructive place in society

-Restoration:Promte victim healing

Arguments for 6 people jury

- cheaper

-fewer peremptory challenges

-less chance of juror misconduct

Arguments for 12 people jury

- Longer deliberation and better recall of trial testimony

-more likely to produce accurate results

- Larger juries are more likely to be diverse

-more opportunities for people to serve on jury

Arguments for unanimous decision

-jurors evaluate evidence more thoroughly and take more ballots

-protects representativeness (all opinions heard)

Arguments for Majority decision

- decrease in hung juries

-cheaper and more efficient

Innocence is relevant Case facts

- Sweatt came home from work to find that her bf was smoking MJ

-Words were exchanged and he left

-Police came and searched the apartment and found 25 grams

-Said the drugs were hers and was arrested

-Plead guilty to avoid a prison sentence

Innocence is relevant main point

-people plead guilty to avoid extended jail time

-approximately 94% of state cases result in plea bargains, 97% federal

-criminalization of everything is leading to an increase in cases therefore an increase in plea bargains to keep the system running efficently

unprotected speech

-fighting words

-incitement to violent action

-threat

-obscenity

-libel

-hate speech

Defense attorney decisions that can be made

Strategic

-which witness to call

-if, when, and how to cross exam

-which jurors to accept or strike

-what motions to make before and during trial

-trial strategy

decisions defense attorneys can't make

fundamental

-what plea to enter

-jury trial waive

-whether client should testify on their own behalf

-whether to appeal

-objective of the representation