U.S Judicial Systems #2

Civil Vs. Criminal Law (U.S)

Criminal cases- are persecuted by state officials. Carry a high burden of proof. Must be beyond a reasonable doubt. 97-98%. Presumption of innocence, the state carries the burden of proving guilt. Use of a jury of peers.

Civil Cases- Involve private individuals or organizations. Judges are truth seekers in the process (gather and evaluate evidence). Uncommon use of a jury. “Preponderance of evidence” is the burden of proof. Just have to win 51%.

Burden of proof in civil cases

Must gain a majority. 51% wins the case. Must prove the fact being disputed is more likely than not.

7th Amendment

“In suits of common law, where the value of controversy shall exceed $20, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any court of the United States than according to the rules of common law.”

Torts

A civil wrongdoing that causes a claimant to suffer loss or harm.

Ex. Car accident- Negligent Tort

Tort Reforms

procedural limits on the ability to file claims, and capping the awards of damages.

• Main goal is to limit the amount of awards a plantiff can be awarded.

Damage caps

Limits the amount a plaintiff can be awarded.

Mandatory arbitration

requirement of parties to settle via arbitration rather than in the court.

Arbitration- a method of dispute resolution that involves a third party as a mediator. Two rooms third party bounces back and fourth until an agreement is reached.

Burden of proof (Criminal Cases)

Beyond a reasonable doubt (97-98%)

• The court would rather presume innocence than falsely convict someone who is innocent.

Warren Court

Period of the supreme court from 1953-1968. Liberal decisions on topics of Race, Religion, Free Speech, Criminal Process.

Miranda V. Arizona (1966)

An arrested individual is entitled to rights agaisnt self incrimination and to an attorney under the 5th and 6th amendment.

Elements of crime

Actus Rea + Mens Rea

Evil act and evil mind, must have done the thing and intended to do it.

Punishment is determined by mens rea- Premeditated or accidental

Bail

Bail- Collateral that gaurentees you willreport to court as required.

• Cash- paid up front. At the end of the trial you get money back.

• Property (equity)

Bond

10% of total is paid to a licensed bondsman. The bondsman front the rest of the money. At the end of the trial you don’t get your 10% back.

• If you break bail they will hunt you down to get their money back (Bounty Hunters)

Misdemeanors

<12 months imprisonment and minor fines

Felonies

>12 months imprisonment and major fines

Prosecutors (discretion/power)

Prosecutors are the executive branch of the court system, they wield incredible descretion and power.

-conduct criminal investigations

-Initiate and execute arrests and searches

-Negotiating plea bargains

Reasonable Suspicion

more than a “hunch”. Based on observation. Allows for stops and questioning.

Probable cause

More than likely a crime is occurring or has occurred. Requires strong evidence to justify search, seizure or arrest.

Initial appearance/arrangement

you are presented the charges that are being filed against you. Followed by a preliminary hearing if the charge is secured.

Petit Jury

Jury of peers that determines guilt or innocence. Must be unanimous in criminal cases to be charged with presented crimes.

Grand Jury

Determines whether or not there is probable cause to move forward with the hearing. Must capture the majority to move forward +1 of 50%

Plea Bargains

Admission of guilt in exchange for one or more of the following. (95% of cases result in plea bargains)

• Charge (Plea to lesser)

• Counts (Plea to fewer)

• Sentencing (Plea for minimums; Judge controlled)

Baldwin V. New York

Not all criminal cases get a trial by jury.

• Right to a jury trial exists for serious criminal cases (Over 6 months imprisonment), or otherwise determined by the states.

Ramos V. Louisiana (2020)

Convictions must be unanimous to convict the defendant of a serious offense.

• Ramos Convicted 11-1. 1 outstanding was not enough to prove beyond a reasonable doubt.

Reliability of eyewitness accounts

Eye witness accounts can be unreliable and can easily lead to wrongful conviction.

Four elements of legal reasoning *

1. Case Facts

2. Social Background Facts

3. Rules of Law

4. Values and Principles

Prochnow v Prochnow (Wis. 1957)

Blood tests show that Prochnow is not the father. Yet the judge of the case rules he is anyway, due to the two having sexual relations around the time of conception and being married at the time of conception.

Precedent

When an earlier event, action, or ruling is regarded as an example or guide in a similar issue.

Tinker V. Des Moines

Free speech is protected for student within public schools.

• Black arm bands count as speech.

• The more you hate it the more it should be protected.

Morse V. Fredrick

“Bong hits 4 Jesus”

School officals can prohibit students from displaying messages that promote illegal drug use.

Loving V. Virginia (1968)

Ruled that laws banning interracial marriage violated the equal protection and due process clauses of the 14th amendment.

• Couple married in D.C and returned to Virginia where they were persecuted for violating the states laws against interracial marriage.

Obergfell V. Hodges (2015)

Held that the 14th amendment requires the states to license and recognize same-sex marriage.

Three step process of reasoning by example (Ch.2)

1. sees a factual similarity between the current case and one or more prior cases.

2. Announces the rule of law on which the earlier case or cases rested.

3. Applies the rule to the current case.

Statutes

A written law passed by a legislative body. the muscle of the body politic. What actually does the work.

Statutory Interpretation

The process in which courts interpret and apply legislation.

Methods of statutory interpretation (1)

Literalism- sticking to what the words say. Analyzes statutes through what is plainly stated in the text.

Methods of statutory interpretation (2)

The Golden Rule- Judges should follow the grammatical and ordinary sense of the words… unless they lead to an absurdity or inconsistency.

Methods of statutory interpretation (3)

Canons of statutory construction- “Rule for interpreting rules”

• Rule of lenity- Interpreting criminal statutes to the benefit of the defendant.

• Inclusion of one = Exclusion of another

• Series qualifier- A descriptive qualifier at the end of a list applies to all the items in that list

• Rule of the last antecedent- descriptive qualifier only applies to the last item on the list.

Methods of statutory interpretation (4)

Legislative intent- Studying the intentions of the legislators who voted and enacted a statute. What did the law intend to do.

Types of constitutional interpretation (1)

Original Intent/purpose- Attempting to find the original intent of the words displayed in the constitution.

Types of constitutional interpretation (2)

Stare Decisis- Ruling and interpreting based on the precedent that got us up to this point in time.

Types of constitutional interpretation (3)

Living document - The constitution is a document meant to meet the needs and the desires of the people today.

Bostock Vs Clayton County (2020)

Case that made it illegal to fire someone for their sexual orientation or gender identity.

Civil War Amendments

13th, 14th, 15th, amendments of the constitution. Ratified between 1865 and 1870.

• 13th amendment- ended slavery

• 14th amendment- ensured birthright citizenship, and equal protection under the laws.

• 15th amendment- Right to vote shall not. bedenied based on race, color, or previous condition of servitude.

“New Deal Revolution”

Increased the broad federal power in economic matters.

• Supreme court made the argument the fed needed the power of economics through the commerce clause (the trade and servicement of goods interstate).