start here jr lecture #16

The criminal justice system

Buck v. Davis case basic facts?

• Buck convicted of murdering gf, had a sentencing hearing to see if he will get death penalty

what did defense council do that raised eyebrows?

• psychologist expert had racial bias variable in his model in terms of Buck’s dangerousness.

• testified that Buck would not be violent in the future, BUT had a variable where african american = MORE LIKELY TO BE VIOLENT

• sewed doubt in jury’s mind that Buck will be more violent as he is african american

why did appellate court uphold his death sentence?

• argued that it was only a brief interaction between expert and prosecution, so it wouldn’t have any effect on jury

why did SC reverse death sentence (2 decades later?)

• “the impact of the evidence cannot be measured on how much air time it gets”

• “some toxins can be deadly in some cases”

how can adversarial system fall apart?

• if one side doesn’t do their job properly, the system doesn’t work

• stakes are super high in terms of criminal cases! ppls lives can be on the line (like bucks!)

what relevant ways do criminal trials differ from civil trials? (1)

protect different interests

what relevant ways do criminal trials differ from civil trials? (2)

state is more involved in criminal trial

• provides many things as state is an interested party

what relevant ways do criminal trials differ from civil trials? (3)

different burdens of proof (beyond reasonable doubt/likely

what relevant ways do criminal trials differ from civil trials? (4)

different presumptions as to D’s guilt/liability

• crim: “innocent until proven guilty”

• civ: not automatically not liable/liable

what is the “truth or fight” criticism?

"revealing the truth” is not a goal of either side. they are only fighting to win.

how to argue against “truth or fight” criticism?

in order to reveal the truth, you must fight your hardest

differences between adversarial and inquisitorial model?

• adv: judge is neutral umpire and only answers questions of laws

• inqu: judges lead discovery, question experts and witnesses, etc.

benefits of inquisitorial model in USA?

cheaper

• judges decides everything instead of having to hire lawyers and experts and have discovery

faster

how might adversarial model perform better in USA tho?

• more thorough and accurate discovery (IF you have money)

• judge might not understand you or your case fully, might not defend your interests

how are judges in EU different than judges in USA? (1)

undergo EXTENSIVE training on how to be a judge. no “how to be a judge” class in america

how are judges in EU different than judges in USA? (2)

supervised and reviewed to greater extent. USA judges are more free agents

how are judges in EU different than judges in USA? (3)

reviewed for conformity with other judges. USA are not conformed

how are judges in EU different than judges in USA? (4)

judges dont typically run for office in inqui systems

how are judges in EU different than judges in USA? (5)

critics think USA judges mingle with the bar too much.

• judges come from lawyers tho! hard to disbar lawyers

• statutes that will give you attorney fees

• judges are reluctant to cross federal lawyers

what is the crime control model?

a theory of the criminal justice system that places primary importance on suppressing criminal behavior and protecting community safety

what is the due process model?

protect the due process rights of citizens (miranda rights, automatic appeals, gideon rights)

how are the two models of criminal justice in conflict?

CC model is like an “assembly line”. efficiently and quickly obtain convictions

DP model is an obstacle course. protections for D/suspect serve as an obstacle

How does DPM harmoize with Kagan’s critique of striving towards “total justice”

Kagan says while DP is good, we have gone too far, so much that it ends up hurting D’s!

• adds complexity and time in trial = MORE EXPENSIVE!!!

• more likely to take plea deals

• police are allowed to exaggerate

kagan wants quicker cheaper trials